Fehr v. Rosenbaum

Appellate Terms of the Supreme Court of New York

Fehr v. Rosenbaum

123 N.Y.S. 917

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 24, 1910

StatusPublished

This text of 123 N.Y.S. 917 (Fehr v. Rosenbaum) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fehr v. Rosenbaum, 123 N.Y.S. 917 (N.Y. Ct. App. 1910).

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Opinion

BIJUR, J.

This case has been once tried, and "the complaint dismissed, by a judge of the Municipal Court sitting without a jury. The judgment was reversed by the Appellate Term; the facts and reasons, sufficiently appearing in the per curiam opinion. 111 N. Y. Supp. 653.

The reversal was, substantially, on the evidence below. The respondent points to no new facts, adduced on the second trial, as warranting any other conclusion than that reached by this court on appeal from the first judgment.

Consequently, on the authority of that decision, the judgment below is reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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BIJUR, J.

This case has been once tried, and "the complaint dismissed, by a judge of the Municipal Court sitting without a jury. The judgment was reversed by the Appellate Term; the facts and reasons, sufficiently appearing in the per curiam opinion. 111 N. Y. Supp. 653.

The reversal was, substantially, on the evidence below. The respondent points to no new facts, adduced on the second trial, as warranting any other conclusion than that reached by this court on appeal from the first judgment.

Consequently, on the authority of that decision, the judgment below is reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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123 N.Y.S. 917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fehr-v-rosenbaum-nyappterm-1910.

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