Smith v. Moonelis
New York Court of Common Pleas
Appeal from seventh district court. Actions by James Edward Smith against Adolph Moonelis and others. Six cases. From a judgment for defendants in each case plaintiff appeals.
1Opinion of the CourtBookstaver, J.
Before these actions were tried an earlier action had beer» brought in the same court, and tried by the justice, with a jury, who found in favor of the plaintiff. On this verdict a judgment was entered, from which an appeal was taken to this court, which was affirmed, (8 N. Y. Supp. 955,) because, as we thought, the law and the questions of fact had been fairly presented to the jury, and their verdict was sustained by the evidence. The-facts in that action were the same as in these, and the same testimony was used on the trial of these actions. The justice, however, rendered judgment in favor…
2Cases cited5 opinions
- Schell v. . PlumbNew York Court of Appeals · 1874
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Elliott v. MillerNew York Court of Common Pleas · 1892
- Shook v. LyonNew York Court of Common Pleas · 1890
- Humphreys v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1890