Lockwood v. Dillenbeck
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Phebe É. Lockwood, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 21st day of June,. 1904, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial of the action.
1Opinion of the Court
Jenks, J.:
The plaintiff . appeals from an order setting aside her verdict and granting a motion for a new trial, made on the minutes. Tlie action is for breach.of a contract made by the defendant’s testator. One of the defenses is that the action was not begun within six months after the rejection of the claim presented to the defendant. The question whether the attorneys who presented the claim" in behalf of the plaintiff were authorized to receive the rejection was submitted to the jury. After the verdict, which involved a finding of no authority, the court,.upon the motion for a new¡…
2Cases cited9 opinions
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Henry v. . AllenNew York Court of Appeals · 1896
- Insurance Company v. McCainSupreme Court of the United States · 1878
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Angell v. . Hartford Fire Ins. Co.New York Court of Appeals · 1874
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- Mendelsohn v. Equitable Life Assurance SocietyNew York Supreme Court · 1942
- Ernst v. Cary Safe Co.New York Supreme Court · 1920
- In re the Judicial Settlement of the Account of JacobsAppellate Division of the Supreme Court of the State of New York · 1905