Crocker-Wheeler Co. v. Genesee Recreation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Crocker-Wheeler Company, from an order of the Supreme Court, made at the Monroe Trial Term and entered in the office of the clerk of the county of Monroe on the Uth day of January, 1912, setting aside the verdict of a jury in plaintiff’s favor, and granting defendant’s motion for a new trial made upon the minutes. (This case was previously reported in 140 Appellate Division, 726.)
1Opinion of the Court
Lambert, J.:
This litigation, for the second time, comes before this court, and this appeal is from an order directing a third trial. The extensive litigation has been occasioned, not because of doubt as to the principles of law involved, so much as by reason of the confusion which has arisen in applying such principles to a somewhat intricate state of facts.
In form the action is replevin, and it is sought therein to recover the possession or the value of three certain electrical generators. These machines were constructed by the plaintiff and sold by it to the James McDonell Company, a…
2Cases cited3 opinions
- Central Union Gas Co. v. . BrowningNew York Court of Appeals · 1913
- Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
- Crocker-Wheeler Co. v. Genesee Recreation Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Quinn v. Bancroft-Jones CorporationCourt of Appeals for the Second Circuit · 1927
- Cutler Mail Chute Co. v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1915