Place v. . Minster
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought for an alleged conspiracy, by which a quantity of gloves were fraudulently obtained from the plaintiff by the, defendants.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought for an alleged conspiracy, by which a quantity of gloves were fraudulently obtained from the plaintiff by the, defendants. The defendants, originally, were Lazarus Minster, Samuel Minster, Caroline Minster, Moms Kohn and James Sherlock. The last named defendant was not served. At the first trial of the cause, which resulted in a disagreement of the…
1Opinion of the Court
Dwight, C.
The defendants urge that the judge at the trial should have nonsuited the plaintiff on the ground that there was no evidence to go to the jury to substantiate the charge made in the complaint. They urge this on two grounds. One is, that if the testimony of the plaintiff’s witnesses were wholly credible, there is a clear departure in the testimony from the complaint, so that it is “ improved in its entire scope and meaning.” The other is, that the plaintiff’s case rests on the testimony of an accomplice in the fraud, James Sherlock, and that he has so contradicted himself and was so…
2Cases cited16 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Pixley v. . ClarkNew York Court of Appeals · 1866
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Moore v. TracyNew York Supreme Court · 1831
11 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
- Haines v. TerritoryWyoming Supreme Court · 1887
- Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
- Territory v. GotoHawaii Supreme Court · 1923
- Doremus v. HennessyAppellate Court of Illinois · 1896
48 more not listed; retrieve them via the Exa API.