Higgins v. Crouse
New York Supreme Court
Appeal from special term, Onondaga county. Action by Alfred Higgins against Jacob Crouse to rescind a sale of corporate stock, and to recover the price thereof. From a a judgment for plaintiff, defendant appeals. When the plaintiff rested, the defendant moved for a nonsuit upon several grounds, which was denied in the f oho wing language: “I think this case should go to the court of appeals. I will deny the motion.” The defendant took an exception.
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Appeal from special term, Onondaga county. Action by Alfred Higgins against Jacob Crouse to rescind a sale of corporate stock, and to recover the price thereof. From a a judgment for plaintiff, defendant appeals. When the plaintiff rested, the defendant moved for a nonsuit upon several grounds, which was denied in the f oho wing language: “I think this case should go to the court of appeals. I will deny the motion.” The defendant took an exception. A similar motion was made at the close of the evidence, and an exception taken. Several requests to find were refused by the trial judge, and…
1Per curiam
Upon a former appeal the question relating to the statute of limitations was examined, and an opinion delivered which is found reported in 63 Hun, 134, 17 N. Y. Supp. 696. Ho additional evidence, sufficient to take the case away from the principle laid down in the decision made upon the former appeal, was given. It is therefore the duty of this court to adhere to the decision made then, and, applying it to the case before us, it leads to a new trial. See Higgins v. Crouse, 63 Hun, 134, 17 N. Y. Supp. 696; Foot v. Farrington, 41 N. Y. 164; Weaver v. Haviland, *108168 Hun, 376, 22 N. Y. Supp.…
2Cases cited4 opinions
- Foot v. . FarringtonNew York Court of Appeals · 1869
- Weaver v. HavilandNew York Supreme Court · 1893
- Fitch v. MayorThe Superior Court of the City of New York and Buffalo · 1888
- Higgins v. CrouseNew York Supreme Court · 1892
3Cited by1 opinion
- Westfall v. WaitIndiana Supreme Court · 1905