National Harrow Co. v. E. Bement & Sons
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 27, 1897, upon an order reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 27, 1897, upon an order reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. This action was brought to compel the defendant to account for harrows sold pursuant to two contracts, called licenses, dated April 1, 1891, to recover damages for sales alleged to Jiave been made in violation of such licenses, and to obtain a judgment restraining the defendant from making further sales in contravention thereof. The facts, so…
1Opinion of the Court
Parker, Oh. J.
The printed case is not without indications that the learned justice who wrote for the Appellate Division intended a reversal upon the facts, but through inadvertence of the court in making or counsel in preparing the order of reversal, it does not show that the reversal was upon the facts, and hence this court is required by statute to presume that the judgment was not reversed upon a question of fact, but upon the law. (Code, section 1338.) That section is in substantially the same form now as when the Code of Civil Procedure was enacted in 1876. The amendment of 1895, to…
2Cases cited14 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Gannon v. . McGuireNew York Court of Appeals · 1899
- Davis v. . LeopoldNew York Court of Appeals · 1881
- Shotwell v. . DixonNew York Court of Appeals · 1900
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3Cited by29 opinions
- Fayerweather v. RitchSupreme Court of the United States · 1904
- National Protective Ass'n of Steam Fitters & Helpers v. CummingNew York Court of Appeals · 1902
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
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