Perry v. . Chester
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of defendants, entered upon an order denying motion for a new trial and directing judgment on a verdict. This action was brought upon an undertaking given upon an appeal to the Court of Appeals in an action wherein Samuel C. Reed was plaintiff and Philip Nussbaum and David Allerton defendants.
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Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of defendants, entered upon an order denying motion for a new trial and directing judgment on a verdict. This action was brought upon an undertaking given upon an appeal to the Court of Appeals in an action wherein Samuel C. Reed was plaintiff and Philip Nussbaum and David Allerton defendants. Peed had, in 1862, recovered a judgment against Eussbaum in the Superior Court for $1,545.10. He therefore brought the said action against Peed and Allerton to enforce said judgment. Eussbaum defended, the…
1Opinion of the Court
Church, Ch. J.
There is no opinion of the General Term, and we can only conjecture the reasons for the decision in favor of the defendants from an opinion of the Special Term, furnished, but not contained in the case, purporting to have 'been delivered in overruling a demurrer by the plaintiff to the answer of the defendant, Gilbert. It is claimed by the defendants that this decision must be regarded as the law of the case, on the ground that the plaintiff accepted it by pleading over. There are several answers to this position : 1. Neither the demurrer nor the decision thereon is in the…
2Cases cited5 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Briggs v. BriggsNew York Supreme Court · 1855
- Roberts v. . CarterNew York Court of Appeals · 1868
- Mackey v. MackeyNew York Supreme Court · 1864
3Cited by31 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Stadler v. First National BankMontana Supreme Court · 1899
- Zogbaum v. . ParkerNew York Court of Appeals · 1873
- Indosuez v. Sopwith Holdings Corp.New York Court of Appeals · 2002
- Clark v. SullivanNorth Dakota Supreme Court · 1893
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