Blackburn v. Baker

Appellate Division of the Supreme Court of New York

Blackburn v. Baker

231 A.D. 769

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 1930

StatusPublished

This text of 231 A.D. 769 (Blackburn v. Baker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blackburn v. Baker, 231 A.D. 769 (N.Y. Ct. App. 1930).

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Opinion

Per Curiam.

The reversal on the former appeal and granting of a new trial was on the ground that on the present proof a cause of action was not shown, but it could not be said that further proof could not be offered and it was for that purpose that a new trial was granted. But upon the decision of this court the trial judge was justified in understanding that when the former record was stipulated there was no cause of action shown. Van Kirk, P. J., Hinman and Hill, JJ. concur; Davis and Whitmyer, JJ., dissent. Judgment affirmed, with costs.

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Per Curiam.

The reversal on the former appeal and granting of a new trial was on the ground that on the present proof a cause of action was not shown, but it could not be said that further proof could not be offered and it was for that purpose that a new trial was granted. But upon the decision of this court the trial judge was justified in understanding that when the former record was stipulated there was no cause of action shown. Van Kirk, P. J., Hinman and Hill, JJ. concur; Davis and Whitmyer, JJ., dissent. Judgment affirmed, with costs.

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Bluebook (online)

231 A.D. 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackburn-v-baker-nyappdiv-1930.