Boyer v. Boyer

Appellate Division of the Supreme Court of New York

Boyer v. Boyer

129 A.D. 917, 114 N.Y.S. 1120

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

DecidedDecember 15, 1908

StatusPublished

This text of 129 A.D. 917 (Boyer v. Boyer) 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

Boyer v. Boyer, 129 A.D. 917, 114 N.Y.S. 1120 (N.Y. Ct. App. 1908).

Pincite

Opinion

We think this verdict was against the weight of evidence; that the plaintiff had but a single cause of action for the alleged tort; that it could not be split up into several claims, and that the judgment in the Municipal Court action was well pleaded in abatement of this suit. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.

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We think this verdict was against the weight of evidence; that the plaintiff had but a single cause of action for the alleged tort; that it could not be split up into several claims, and that the judgment in the Municipal Court action was well pleaded in abatement of this suit. Judgment and order reversed and new trial granted, costs to abide the event. Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.

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Bluebook (online)

129 A.D. 917, 114 N.Y.S. 1120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyer-v-boyer-nyappdiv-1908.