Boice v. Jones
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Percival S. Jones, for a new trial upon exceptions pursuant to section 1001 of the Code of Civil Procedure.
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Motion by the defendant, Percival S. Jones, for a new trial upon exceptions pursuant to section 1001 of the Code of Civil Procedure. Also an appeal by the defendant, Percival S. Jones, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 17th day of June, 1904, upon the decision of the court, rendered .•after a trial at the New York Special Term, directing an accounting ,ahd granting other relief. '
1Opinion of the Court
Laughlin, J.:
■The reversal of the interlocutory judgment on the separate, motion for a new trial and appeal of the defendant McCormick, argued herewith (Boice v. McCormick, 106 App. Div. 539), requires a reversal as to Jones as well regardless of the merits of his appeal. It is the same judgment rendered in a single cause of action on the same trial and evidence, and it cannot be allowed to stand as an adjudication between this appellant and the plaintiff, that the former is the owner of one-half the promotion fees and is obliged to account to the latter for the other half, and at the same…
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- Arnold v. . AngellNew York Court of Appeals · 1875
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1903
- Heye v. TilfordAppellate Division of the Supreme Court of the State of New York · 1896
- Electric Boat Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1904
- Parks v. GatesAppellate Division of the Supreme Court of the State of New York · 1903
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- Arnold v. District Council No. 9, International Brotherhood of Painters and Allied TradesAppellate Division of the Supreme Court of the State of New York · 1978
- Sloane v. United Feature Syndicate, Inc.City of New York Municipal Court · 1929
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