Legal Opinion

Gundlin v. Hamburg-American Packet Co.

New York Court of Common Pleas

Decided May 7, 1894PublishedCited by 11 opinions

Appeal from city court, general term. Action Tby Abey Gundlin against Hamburg-American Packet Company for loss of baggage. Defendant was conceded to be a foreign corporation, and plaintiff claimed to be a resident of the state of New York, at the time of the commencement of the action.

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Appeal from city court, general term. Action Tby Abey Gundlin against Hamburg-American Packet Company for loss of baggage. Defendant was conceded to be a foreign corporation, and plaintiff claimed to be a resident of the state of New York, at the time of the commencement of the action. From a judgment of the city court (26 N. Y. Supp. 73) affirming a judgment entered on a verdict in favor of defendant, and an order denying a motion for a new trial on the minutes, plaintiff appeals. Affirmed.

1Opinion of the CourtBischoff, J.

No error appears from the record by due exception for which we may reverse the judgment on ithe merits. Several exceptions appear to rulings on the admission of evidence for defendant. The first was taken to the denial of a motion by plaintiff’s counsel to strike out the witness’ answer to a question not objected to. It was within the discretion of the court to deny the motion (Platner v. Platner, 78 N. Y. 90), and, assuming that the answer was in part irresponsive to the question, the motion to strike out should have been limited to that part (McCabe v. Brayton, 38 N. Y. 196; People v.…

2Cases cited49 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  3. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  4. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  5. Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881

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3Cited by11 opinions

  1. O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899
  2. Frankfurter v. Home InsuranceNew York Court of Common Pleas · 1894
  3. Webster v. M. W. Kellogg Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. Phelps v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1897
  5. Barkley v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1898

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