Bell v. Mills
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, William H. Bell, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a nonsuit directed by the court after a trial at the Niagara Trial Term.
1Opinion of the Court
Williams, J.:
The plaintiff’s exceptions should be sustained and a new trial granted, with costs to plaintiff to abide event.
The action was brought to recover damages for breach of warranty upon the sale of seed oats. The case has been in this court before upon an appeal from a judgment for plaintiff entered upon the verdict of a jury. That judgment was reversed, and a new trial granted (see 68 App. Div. 531). Upon a second trial the court, without permitting a cross-examination of most of the plaintiff’s witnesses, and without waiting for the defendant to put in any evidence whatever, invited…
2Cases cited3 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Williams v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1898
- Bell v. MillsAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by7 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Davis v. Ferguson Seed FarmsCourt of Appeals of Texas · 1923
- Los Angeles Olive Growers Ass'n v. Pacific Grocery Co.Washington Supreme Court · 1922
- Sugarland Industries, Inc. v. FalcoCourt of Appeals of Texas · 1962
- Hoover v. Utah Nursery Co.Utah Supreme Court · 1932
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