Callahan v. Munson Steamship Line
Appellate Division of the Supreme Court of the State of New York
Reaegument of appeal by the plaintiff, Michael Callahan, 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 2d day of July, 1909, denying the plaintiff’s motion to set ■ aside the direction of the court dismissing the amended complaint upon the' trial as against, the defendants, the Munson Steamship Line and American Sugar. ¡Refining Company of-.¡New York, and denying the plaintiff’s…
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Reaegument of appeal by the plaintiff, Michael Callahan, 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 2d day of July, 1909, denying the plaintiff’s motion to set ■ aside the direction of the court dismissing the amended complaint upon the' trial as against, the defendants, the Munson Steamship Line and American Sugar. ¡Refining Company of-.¡New York, and denying the plaintiff’s motion for a new* trial made upon the minutes. ...
1Opinion of the Court
Hibsohbeeg, P. J.:
At the close of the evidence on both sides the learned trial justice directed a dismissal of the amended complaint and entertained a motion on the part of the plaintiff for a new trial upon the minutes. The appeal is from the order denying the motion, and incidentally denying a motion made at the same time for a reversal of the direction in defendants’ favor. Judgment Was subsequently entered in favor of the defendants, but no appeal has been taken therefrom. The case, however, may be heard upon the appeal as taken. (Voisin v. C. M. Ins. Co., 123 N. Y. 120.)
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2Cases cited12 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Baldwin v. AbrahamAppellate Division of the Supreme Court of the State of New York · 1901
- Kellogg v. Church Charity FoundationAppellate Division of the Supreme Court of the State of New York · 1908
- Howard v. . LudwigNew York Court of Appeals · 1902
- Baldwin v. . AbrahamNew York Court of Appeals · 1902
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3Cited by12 opinions
- Kgell Bergan v. International Freighting Corp., Inc., and E. I. Dupont De Nemours & Co., and Odfjell Line, Inc.Court of Appeals for the Second Circuit · 1958
- Rakich v. LawesAppellate Division of the Supreme Court of the State of New York · 1992
- Ritter v. StateNew York Court of Claims · 1953
- Vitozi v. Balboa Shipping Co.District Court, D. Massachusetts · 1946
- Gelder v. International Ore Treating Co.Appellate Division of the Supreme Court of the State of New York · 1912
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