Ideal Wrench Co. v. Garvin Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Garvin Machine Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county or New York on the 14th day of April,'1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of April, 1903,' denying the defendant’s motion for a new trial made upon the minutes.
1DissentLaughlin, J.
The terms of the contract are not in dispute. As shown in the record now before us the contract is the same as that appearing in the record on a former appeal herein and stated in the opinion. (Ideal Wrench Co. v. Garvin Machine Co., 65 App. Div. 235.) Upon the former trial the plaintiff was nonsuited. We reversed the judgment upon the ground that the case should have been submitted to the jury; but for the guidance of the court upon the new trial we expressed our opinion upon other questions presented and discussed. It was stated in the opinion, in which the majority of the court concurred,…
2Cases cited13 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Day v. . PoolNew York Court of Appeals · 1873
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
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