Legal Opinion

Hochstein v. James W. Hill Co.

City of New York Municipal Court

Decided May 15, 1915PublishedCited by 2 opinions

Action on the commercial calendar of the City Court for damages for refusal to accept delivery of certain goods manufactured to defendant’s order. Motion by defendant to set aside a verdict for the plaintiff.

1Opinion of the CourtRansom, J.

The defendant’s motion to set aside the verdict presents the single question whether the defendant has sustained its plea that the plaintiff’s recovery here is barred by his prior entry of a default judgment upon the same cause of' action. The facts disclosed upon, that issue do not impress me .as calling *559for disturbance of the jury’s verdict on the merits of the controversy between the parties,-and the motion to set the verdict aside is denied.

The cause of action arose in 1907, and the present action was tried before me on April 14, 1915. The defendant concededly gave the plaintiff an order…

2Cases cited21 opinions

  1. Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
  2. Loeb v. . WillisNew York Court of Appeals · 1885
  3. Clark v. . RowlingNew York Court of Appeals · 1850
  4. Wisner v. . OcumpaughNew York Court of Appeals · 1877
  5. Wyman v. MitchellNew York Supreme Court · 1823

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3Cited by2 opinions

  1. In re the Estate of GrubeNew York Surrogate's Court · 1937
  2. Walker v. Ideal Gas & Electric Fixture Co.Appellate Terms of the Supreme Court of New York · 1916

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