Wright v. . Bank of the Metropolis
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order made January 13,1885, which denied defendant’s motion for a new trial, reversed an order granting plaintiff’s motion for a new trial, and directed judgment on a verdict. This action was brought to recover damages for the alleged unlawful conversion of certain stock. The following are the material facts.
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Cross-appeals from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order made January 13,1885, which denied defendant’s motion for a new trial, reversed an order granting plaintiff’s motion for a new trial, and directed judgment on a verdict. This action was brought to recover damages for the alleged unlawful conversion of certain stock. The following are the material facts. About the-7th of January, 1878, one Henry C. Elliott received from his correspondent in Rome, H. Y., B. Huntington Wright, his check for $2,000,…
1Opinion of the CourtPeckham, J.
This case comes before us in a somewhat peculiar condition. As both parties appeal from the same judgment, which is for a sum of money only, it would seem as if there ought not to be much difficulty in obtaining its reversal. It is obvious, however, that a mere reversal would do neither party any good, as the case would then go down for a new trial, leaving the important legal question in the case not passed upon by this court. This, we think, would be an injustice to both sides. The case is here, and the main question is in regard to the rule of damages, and, we think, it ought to be…
2Cases cited9 opinions
- Markham v. . JaudonNew York Court of Appeals · 1869
- Baker v. . DrakeNew York Court of Appeals · 1873
- Dillon v. . AndersonNew York Court of Appeals · 1870
- Parsons v. . SuttonNew York Court of Appeals · 1876
- Gruman v. . SmithNew York Court of Appeals · 1880
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3Cited by85 opinions
- Galigher v. JonesSupreme Court of the United States · 1889
- Simon v. Electrospace Corp.New York Court of Appeals · 1971
- Steranko v. Inforex, Inc.Massachusetts Appeals Court · 1977
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
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