Legal Opinion

Trombley & Carrier Co. v. Seligman

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

Decided June 24, 1909PublishedCited by 2 opinions

Appeal by the plaintiff, the Trombley & Carrier Company, from a judgment of the Supreme Chart in favor of the defendant,, entered in the; office of the clerk of the county of Franklin on the 19th day of November, 1908, upon the dismissal of the complaint by direction of the; court after a trial at the Franklin Trial Term, and also from an order entered in said clerk’s office on the 13th day of November, 1908, denying the plaintiff’s motion for a new trial made upon the…

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Appeal by the plaintiff, the Trombley & Carrier Company, from a judgment of the Supreme Chart in favor of the defendant,, entered in the; office of the clerk of the county of Franklin on the 19th day of November, 1908, upon the dismissal of the complaint by direction of the; court after a trial at the Franklin Trial Term, and also from an order entered in said clerk’s office on the 13th day of November, 1908, denying the plaintiff’s motion for a new trial made upon the minutes. The complaint alleged a sale to the defendant of lumber and material that was used in the erection of a cottage upon…

1Opinion of the Court

Sewell, J.:

This action has been twice tried. On the first trial the plaintiff recovered. The judgment on appeal to this court was affirmed, but was reversed by the Court of Appeals for an error in the admission of evidence. (Trombleys. Seligman, 116 App. Div. 910; revd., 191 N. Y. 400.) I have not been able to find nor have counsel pointed out any substantial variance in the evidence, from that given upon the first trial, and I think that it is fair to assume that all the material facts bearing upon the liability of the defendant in the present record were in the record on the former appeal.…

2Cases cited3 opinions

  1. Mygatt v. . CoeNew York Court of Appeals · 1894
  2. Trombley v. . SeligmanNew York Court of Appeals · 1908
  3. Oakley v. . AspinwallNew York Court of Appeals · 1856

3Cited by2 opinions

  1. People v. PalumboAppellate Division of the Supreme Court of the State of New York · 1980
  2. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1982

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