Buffalo Grain Co. v. . Sowerby
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It is the intendment of the law that a general verdict settles, in favor of the prevailing party, every question of fact litigated upon the trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 14, 1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It is the intendment of the law that a general verdict settles, in favor of the prevailing party, every question of fact litigated upon the trial. (Wolf v. T. G. F. Ins. Co., 43 Barb. 400; 41 N. Y. 620; People ex rel. Hanrahan v. Board of Police, 35 Barb. 644; 14 Abb.…
1Opinion of the CourtHaight, J.
This action was brought to recover the value of a quantity of barley, of the conceded value of $54,208.89, which was stored in the Ontario Elevator, in the city of Buffalo, and destroyed by the collapse of the elevator.
The defendant, the Western Elevating Association and George F. Sowerby Company, was an unincorporated association, consisting of seven or more persons organized and having its office and place of business in the city of Buffalo, and was engaged in the storage of grain in the elevators in that city, which were subject to its management. The association had under its control all…
2Cases cited1 opinion
- Sutherland v. Albany Cold Storage & Warehouse Co.New York Court of Appeals · 1902
3Cited by9 opinions
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- State v. OakleyWashington Supreme Court · 1924
- Cody v. MillerOhio Court of Appeals · 1951
- Bacharach v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Cia Exportadora E Importadora Mexicana v. Marra Bros.District Court, S.D. New York · 1944
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