M. Groh's Sons v. . Groh
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 26, 1903, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 26, 1903, affirming a judgment in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The judgment herein should be reversed fop the reception of illegal, immaterial and incompetent evidence, and the improper conduct of the trial, whereby the matters in issue were obscured and lost sight of, and the jury misled and prejudiced against the plaintiff.…
1Opinion of the CourtWerner, J.
This action was brought to recover of the defendant’s testator various sums of money aggregating in all $15,515.71. The complaint sets forth three separate causes of action. The first two proceed upon the theory that the defendant’s testator was indebted to the plaintiff in the sum of $8,000 and upwards, for moneys received and not accounted for. The third alleges that he received from the plaintiff $6,763.17 upon representations that were not true. Upon the questions of fact submitted to the jury the defendant was given the verdict. The judgment entered thereon was affirmed in the Appellate…
2Cases cited4 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- People v. . SmithNew York Court of Appeals · 1902
- Ives v. . EllisNew York Court of Appeals · 1901
- Charlton v. RoseAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by10 opinions
- Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
- Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1971
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1905
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