Downey v. Finucane
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants, Thomas W., Finucane and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the' county of Monroe on the 14th day of October, 1910, upon the verdict of a jury for $1,212.93; also from an order entered in said clerk’s office on the 27th day of September, 1910, denying the said defendants’ motion for' a new trial made upon the minutes, and also from an order entered on the 3d day of October,…
Read the full summary
. Appeal by the defendants, Thomas W., Finucane and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the' county of Monroe on the 14th day of October, 1910, upon the verdict of a jury for $1,212.93; also from an order entered in said clerk’s office on the 27th day of September, 1910, denying the said defendants’ motion for' a new trial made upon the minutes, and also from an order entered on the 3d day of October, 1910, denying the said defendants’ motion for a new trial upon the ground of misconduct on the part of the plaintiff’s…
1DissentMcLennan, P. J.
I dissent on.the ground that the evidence does not establish a cause of action for “fraud and deceit ” against the appellants or either of them under the authorities. (Kountze v. Kennedy, 147 N. Y. 124; Lyon v. James, 974 App. Div. 385; affd., 181 N. Y. 512; Bell v. James, 128 App. Div. 241; affd., 198 N. Y. 513; Polhemus v. Polhemus, 114 App. Div. 781; Duryea v. Zimmerman, 121 id. 560; Thayer v. Schley, 137 id. 166.) On the further ground that reversible, error was committed by the trial court in the admission and rejection of. evidence, *219and further because the manner in which the jury…
2Cases cited5 opinions
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906
- Lyon v. . JamesNew York Court of Appeals · 1905
- Bell v. JamesAppellate Division of the Supreme Court of the State of New York · 1908
- Bell v. . JamesNew York Court of Appeals · 1910