Cox v. . Stokes
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered April 10, 1895, affirming a judgment in favor of defendants entered upon a decree of the court dismissing the complaint upon the merits on trial at Special Term. This is a representative action brought in behalf of the plaintiffs and all others similarly situated.
Read the full summary
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered April 10, 1895, affirming a judgment in favor of defendants entered upon a decree of the court dismissing the complaint upon the merits on trial at Special Term. This is a representative action brought in behalf of the plaintiffs and all others similarly situated. Upon the trial it appeared that in the spring of 1885 the Bankers & Merchants’ Telegraph Company owned a large number of poles, and many miles of wire thereon; that it had also strung many miles of wire upon poles of the…
1Opinion of the CourtVann, J.
As the respondents do not appeal, they are bound by the findings of fact made by the trial court; while the appellants are bound by all to which they did not except, and since the affirmance by the General Term, by all even of those excepted to that find any reasonable support in the evidence. (White v. Benjamin, 150 N. Y. 258.) Hence, in reviewing this case, we must start with the assumption that Mr. Stokes promised to perform the reorganization agreement, and was bound thereby, for the evidence is ample to sustain the finding to that effect, and the respondents do not question it hy…
2Cases cited7 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- White v. . HoytNew York Court of Appeals · 1878
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Kley v. . HealyNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Southern Pacific Co. v. BogertSupreme Court of the United States · 1919
- Morley Construction Co. v. Maryland Casualty Co.Supreme Court of the United States · 1937
- Matter of SteinwayNew York Court of Appeals · 1899
- Ostrom v. . GreeneNew York Court of Appeals · 1900
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
58 more not listed; retrieve them via the Exa API.