Thompson v. . Wittkop
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 28, 1904, which reversed a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The answer is sufficient in ¡aw to raise an issue of fact. (Crosley v. Kobb, 22 Wkly. Dig. 570; 3 How.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 28, 1904, which reversed a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The answer is sufficient in ¡aw to raise an issue of fact. (Crosley v. Kobb, 22 Wkly. Dig. 570; 3 How. Pr. [N. S.] 37; Varnum v. Hart, 47 Hun, 188; Avery v. N. Y. C. R. R. Co., 29 N. Y. S. R. 918 ; Williams v. Lindblom, 68 Hun, 174; Lyth v.…
1Opinion of the CourtHaight, J.
The order of reversal as entered by the Appellate Division was solely upon the- ground that the answer did not contain any general or specific denial of the allegations of the complaint in conformity with the requirements .of section 500 of the Code of Civil Procedure. The cause of action set forth in the complaint was for seats furnished a church at the special instance and request of the defendant, for which the plaintiff was to be paid what the same were fairly and reasonably worth. ■ The denial contained in the answer -is as follows: “And for his second and further separate defense this…
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- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Swing v. EngleAppellate Division of the Supreme Court of the State of New York · 1911
- Yeshiva University v. EdelmanNew York Supreme Court · 1958
- Babcock v. AnsonAppellate Division of the Supreme Court of the State of New York · 1907
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