Cole v. . Mann
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term, which denied a motion for a new trial, and granting a new trial. (Reported below, 3 T. & C., 380.) . This action was for the alleged wrongful taking and conversion of a piano belonging to plaintiffs. The plaintiffs were dealers in pianos, doing business under the firm name of Cole, Passage & Co., and residing in Towanda, Penn.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term, which denied a motion for a new trial, and granting a new trial. (Reported below, 3 T. & C., 380.) . This action was for the alleged wrongful taking and conversion of a piano belonging to plaintiffs. The plaintiffs were dealers in pianos, doing business under the firm name of Cole, Passage & Co., and residing in Towanda, Penn. On the 15th of November, 1872, they shipped the piano in question to O. H. Jenne, who then resided in Lock-port. At the time plaintiffs…
1Opinion of the CourtRapallo, J.
If there had been any conflict in the evidence respecting the title of the plaintiffs to the piano which rendered it proper to submit that question to the jury, we should, in accordance with the settled practice of this court, dismiss the present appeal. The ease came before the General Term on appeal from an order denying a motion for a new trial upon the minutes, and the reversal of that order by the General Term consequently might have been upon questions of fact. The case would not, therefore, be properly appealable to this court. ( Wright v. Hunter, 46 N. Y., 409; Sands v. Crooke, id.,…
2Cases cited2 opinions
- Herring v. . HoppockNew York Court of Appeals · 1857
- Wright v. . HunterNew York Court of Appeals · 1871
3Cited by35 opinions
- Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
- Harkness v. RussellSupreme Court of the United States · 1886
- Baker v. HullNew York Court of Appeals · 1929
- Century Throwing Co. v. MullerCourt of Appeals for the Third Circuit · 1912
- Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
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