Legal Opinion · Dissent

Guenther v. Ridgway Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1915Published

Appeal by the defendant, The Eidgway Company, from a 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 5th day of November, 1914, upon the verdict of a jury for $17,000, and also from an order entered in said clerk’s office on the 12th day of November, 1914, denying defendant’s motion for a new trial made upon the minutes.

1Dissent

Laughlin, J. (dissenting):

I agree that the three rulings pointed out in the majority opinion were erroneous; but I am of opinion that due allow*728anee could be made therefor by requiring, as a condition of not granting a new trial, that the plaintiff stipulate a reduction of the verdict.

In the spring of the year 1911 the defendant employed one Simon Herzig, who to its knowledge had adopted the name of George Graham Eice, and had served a term in the Elmira Beformatory, another in Auburn State Prison, and another in Sing Sing Prison, and one of the crimes for which he had been convicted,…

2Cases cited4 opinions

  1. Beardsley v. MaynardNew York Supreme Court · 1830
  2. Town Topics Publishing Co. v. CollierAppellate Division of the Supreme Court of the State of New York · 1906
  3. Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
  4. Klaw v. New York Press Co.Appellate Division of the Supreme Court of the State of New York · 1911

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