O'Beirne v. . Bullis
New York Court of Appeals
Appeal by the defendants, Bullís and Barse, from an order and judgment of the Appellate Division of the Supreme Court in the first judicial department, entered, respectively, May 13 and 14, 1896, denying a motion for a new trial on exceptions and affirming the judgment of the Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal by the defendants, Bullís and Barse, from an order and judgment of the Appellate Division of the Supreme Court in the first judicial department, entered, respectively, May 13 and 14, 1896, denying a motion for a new trial on exceptions and affirming the judgment of the Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. See, also, report of the case upon a former appeal by the defendant corporation, 151 E. Y. 372. The court erred in refusing the defendants the jury trial which they demanded at the beginning of the trial. (Davis v.…
1Per curiam
When this ease was here upon a former appeal by the defendant corporation (151 N. Y. 372), the court practically passed upon all the material questions relating to the right of the plaintiff to maintain the action and of the trial court to award to the bondholders the relief to which they were entitled. The right to maintain the action and the right of recovery as established by the decision of the court upon that appeal were based upon substantially the same facts as exist in this case, and consisted chiefly of the agreements, representations and fraudulent conduct of the present appellants.…
2Cases cited2 opinions
- Untermyer v. . BeinhauerNew York Court of Appeals · 1887
- O'Beirne v. . Allegheny Kinzua R.R. Co.New York Court of Appeals · 1897
3Cited by8 opinions
- Bullis v. O'BeirneSupreme Court of the United States · 1904
- In re BullisAppellate Division of the Supreme Court of the State of New York · 1902
- Lera Realty Co. v. RichAppellate Division of the Supreme Court of the State of New York · 1948
- Federal Housecraft, Inc. v. FariaAppellate Terms of the Supreme Court of New York · 1961
- Battiato v. ArgentieriCity of New York Municipal Court · 1958
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