MacY v. . Wheeler
New York Court of Appeals
Appeal from, an order of the Supreme Court granting a new trial, with a stipulation for final judgment. The action was to' recover for a bill of sails furnished by the plaintiff’s intestate for the bark Peytona, of the value of $552.23. The sails were ordered by Antonio Pelletier, in December, 1852, or January, 1853, and the defendant claimed, in his answer, they were furnished on the credit of Pelletier, the defendant not owning the vessel when they were ordered and…
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Appeal from, an order of the Supreme Court granting a new trial, with a stipulation for final judgment. The action was to' recover for a bill of sails furnished by the plaintiff’s intestate for the bark Peytona, of the value of $552.23. The sails were ordered by Antonio Pelletier, in December, 1852, or January, 1853, and the defendant claimed, in his answer, they were furnished on the credit of Pelletier, the defendant not owning the vessel when they were ordered and furnished. The liability of the defendant was rested by the court, at the trial, on two grounds: 1st. The jury were instructed…
1Concurrence
This cause was tried by a jury, and a verdict rendered for the plaintiff. The defendant's counsel moved, at the special term, for a new trial, which motion was denied. On appeal to the general term this order was reversed, and a new trial granted. It was held, in Sanford v. The Eighth Avenue Railroad Company (23 N.Y. 343), that when the trial is by jury we have no power, under the existing rules of law, to review any question of fact determined in the subordinate courts. In this case, therefore, we should be obliged to affirm the order granting a new trial if that order could stand…
2Cases cited5 opinions
- Sanford v. . Eighth Avenue Railroad CompanyNew York Court of Appeals · 1861
- James v. BixbyMassachusetts Supreme Judicial Court · 1814
- Hallet v. Columbian InsuranceNew York Supreme Court · 1811
- Hussey v. AllenMassachusetts Supreme Judicial Court · 1809
- Sherman & McCabe v. FreamNew York Supreme Court · 1859