City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by tibe defendant, The American Brewing Company, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 11th day of May, 1903, denying the defendant’s motion to set aside an assessment of damages.
1Opinion of the Court
Williams, J.:
The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted and reassessment of damages ordered, with costs. The question involved in this appeal is the measure of the plaintiff’s damages.
The case was tried and complaint dismissed upon the ground that it did not state «facts sufficient to constitute a cause of action. The exception to this disposition of the case was directed to be heard in the first instance by the Appellate Division. The Appellate Division sustained the exception and ordered a new trial (70 App. Div. 511). The…
2Cases cited5 opinions
- Lyman v. . KurtzNew York Court of Appeals · 1901
- City Trust, Safe Deposit & Surety Co. of Philadelphia v. American Brewing Co.New York Court of Appeals · 1903
- Fallon v. WrightAppellate Division of the Supreme Court of the State of New York · 1903
- Yaw v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1901
- City Trust v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1902