Avon Springs Sanitarium Co. v. Kellogg
Appellate Division of the Supreme Court of the State of New York
Reargument of a motion by the defendant, J. Francis Kellogg, for a new trial upon a case containing exceptions ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury rendered by direction of the court, after a trial at the Livingston Trial Term.
1Opinion of the Court
Williams, J.:
The defendant’s exceptions should be overruled, and his motion for a new trial denied, with costs.
This action when tried and decided by this court (121 App. Div. 928), was regarded as' controlled by our decision in the case of Avon Springs Sanitarium Co. v. Weed (119 App. Div. 560). That case *52has since been reversed by the Court of Appeals (189 N. Y. 557), and this case is here now on a reargument ordered by us (123 App. Div. 911), by reason of such Court of Appeals decision. So far as that case relates to any question here involved, we, of course, will follow the decision of the…
2Cases cited5 opinions
- Weaver v. . BardenNew York Court of Appeals · 1872
- Buffalo Jamestown Railroad Co. v. . GiffordNew York Court of Appeals · 1882
- Avon Springs Sanitarium Co. v. WeedAppellate Division of the Supreme Court of the State of New York · 1907
- Avon Springs Sanitarium Company v. . WeedNew York Court of Appeals · 1907
- In Re the Estate of SandrockNew York Court of Appeals · 1907
3Cited by3 opinions
- In Re HannevigCourt of Appeals for the Second Circuit · 1925
- Bielaski v. Fordham Nat. BankDistrict Court, S.D. New York · 1935
- Sanders v. Wonderland Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1916