Thedford v. Herbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry L. Herbert, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Hew York on the 28th day of May, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the CourtScott, J.
On the first trial of this action the plaintiff had a verdict, the judgment upon which was reversed by this court on the ground that the evidence failed to show that any valid contract had been entered into- between the parties. (118 App. Div. 181.) On the second trial the complaint was dismissed. The judgment entered upon- the dismissal,was reversed by the Court of Appeals, which held that upon plaintiff’s evidence the- jury might have found that a valid enforeible contract had been made between' the parties. (195 N. Y. 63.) To this extent, therefore, the law of the case is settled. Again…
2Cases cited2 opinions
- Thedford v. . HerbertNew York Court of Appeals · 1909
- Thedford v. HerbertAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- British Aluminium Co. v. TreftsAppellate Division of the Supreme Court of the State of New York · 1914
- Thedford v. HerbertAppellate Division of the Supreme Court of the State of New York · 1910