City Trust, Safe Deposit & Surety Co. v. Wilson Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Wilson Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1900, upon the decision of the court rendered after a trial at the New York Trial Term before the court without a jury, and also from an order entered in said clerk’s office on the 6th day of June, 1900, denying said defendant’s motion for a rehearing and for a new…
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Appeal by the defendant, The Wilson Manufacturing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of June, 1900, upon the decision of the court rendered after a trial at the New York Trial Term before the court without a jury, and also from an order entered in said clerk’s office on the 6th day of June, 1900, denying said defendant’s motion for a rehearing and for a new trial made upon exceptions.
1Opinion of the Court
Rumsey, J.:
So far as the motion for a new trial in this case was made upon the exceptions, we are not aware of any authority permitting it where the case has been tried before the court without a jury, and, therefore, that order must be affirmed. So far as it is a motion for a reargument it is purely within the discretion of the judge. But all the points upon which the appellant bases its claim for a reversal of this judgment are fairly presented by the exceptions -taken to the decision of the court and upon the trial. The plaintiff is a foreign corporation organized under -the laws of…
2Cited by3 opinions
- Keating v. American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Queens County Business Alliance v. New York State Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Sebring v. Globe & Rutgers Fire InsuranceNew York Supreme Court · 1928