Dabney v. Stevens
The Superior Court of New York City
Appeal from a judgment. This action was brought by Charles H. Dabney, John Pierpont Morgan, and James J. Goodwin, plaintiffs and respondents, against Simon Stevens, Edward Learned, Courtlandt P. Dixon, and William L. Palmer, impleaded with Edward L. Simpson, defendants and appellants.
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Appeal from a judgment. This action was brought by Charles H. Dabney, John Pierpont Morgan, and James J. Goodwin, plaintiffs and respondents, against Simon Stevens, Edward Learned, Courtlandt P. Dixon, and William L. Palmer, impleaded with Edward L. Simpson, defendants and appellants. The action was brought against the defendants, as trustees of the Simpson Water-proof Manufacturing Company, upon an alleged liability incurred by them in consequence of their failure to make, file, and publish the annual report required by law. The answers of the defendants as amended on the trial, put in issue…
1Opinion of the Court
By the Court. —Freedman, J.
The appeal pa pers submitted in this case have been prepared in a very objectionable form. They contain not only all the exceptions taken by the four appellants, which are very numerous, but also the exceptions of the respondents, which are equally numerous. Such practice, being calculated to mislead, imposes upon the court at general term much additional and superfluous labor. This should not be done. An exception taken during the progress of a trial by a party who finally succeeded, is improperly incorporated into the printed case, unless its insertion can be…
2Cases cited18 opinions
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
- Claflin v. Farmers' & Citizens' Bank of Long IslandNew York Court of Appeals · 1862
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
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- Crawford v. Albany Ice Co.Oregon Supreme Court · 1900
- Vincent v. SandsThe Superior Court of New York City · 1871
- Grand Allen Holding Corp. v. M. & S. Circuit, Inc.Appellate Division of the Supreme Court of the State of New York · 1932