H. B. Smith Co. v. Chapin

City of New York Municipal Court

H. B. Smith Co. v. Chapin

13 N.Y.S. 799, 38 N.Y. St. Rep. 463, 1891 N.Y. Misc. LEXIS 1684

DecidedFebruary 24, 1891

StatusPublished

This text of 13 N.Y.S. 799 (H. B. Smith Co. v. Chapin) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

H. B. Smith Co. v. Chapin, 13 N.Y.S. 799, 38 N.Y. St. Rep. 463, 1891 N.Y. Misc. LEXIS 1684 (N.Y. Super. Ct. 1891).

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Opinion

McGown, J.

We have carefully examined the case on appeal, also the exceptions therein; and, considering the instructions given by the trial justice in his charge to the jury, and also the verdict rendered herein, we think that the action taken by the trial justice in granting the order appealed from was a correct and proper one under the circumstances as disclosed upon the trial, and that the trial justice exercised a proper discretion in granting such order, and that the rights of each of the parties to the action would be best served by a new trial herein in accordance with said order. The order appealed from will therefore be affirmed, with costs to the appellant. All concur.

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McGown, J.

We have carefully examined the case on appeal, also the exceptions therein; and, considering the instructions given by the trial justice in his charge to the jury, and also the verdict rendered herein, we think that the action taken by the trial justice in granting the order appealed from was a correct and proper one under the circumstances as disclosed upon the trial, and that the trial justice exercised a proper discretion in granting such order, and that the rights of each of the parties to the action would be best served by a new trial herein in accordance with said order. The order appealed from will therefore be affirmed, with costs to the appellant. All concur.

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Bluebook (online)

13 N.Y.S. 799, 38 N.Y. St. Rep. 463, 1891 N.Y. Misc. LEXIS 1684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-b-smith-co-v-chapin-nynyccityct-1891.