Cassidy v. . Uhlmann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant Uhlmann stood in no contractual or personal relation to plaintiff's assignors.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 17, 1900, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant Uhlmann stood in no contractual or personal relation to plaintiff's assignors. His situation was that of an unpaid agent of the bank, having no powers outside of the board of which he was a member. (Bank v. Millard, 10 Wall. 115; Marine Bank v. Fulton Bank,…
1DissentMartin, J.
It does seem to me that the prevailing opinion contains many assumptions and inferences that are unwarranted, and that unproved assertions, however ably or adroitly stated, ought not to supply the place of proof. It is impossible within the proper limits of this opinion to point out in detail all the instances where matters are stated as facts of which I find no proof, and conclusions are asserted not justified by or to be fairly inferred from the evidence in the record. In some instances there is mere extravagance of statement rather than total inaccuracy, still as to most of the essential…
2Cases cited33 opinions
- Briggs v. SpauldingSupreme Court of the United States · 1891
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Hun v. . CaryNew York Court of Appeals · 1880
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