Huber v. Grauer

Appellate Division of the Supreme Court of New York

Huber v. Grauer

5 A.D. 623, 38 N.Y.S. 1145, 72 N.Y. St. Rep. 869

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

DecidedMay 15, 1896

StatusPublished

This text of 5 A.D. 623 (Huber v. Grauer) 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

Huber v. Grauer, 5 A.D. 623, 38 N.Y.S. 1145, 72 N.Y. St. Rep. 869 (N.Y. Ct. App. 1896).

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Opinion

Per Curiam:

The facts in this case are fully-stated in the opinion of Mr. Justice Cullen, delivered at General Term in May, 1894, when a new trial was ordered upon the plaintiff’s exceptions to a dismissal of the complaint. (Huber v. Grauer, 87 Hun, 100.) The case has now been tried in strict accordance with the directions contained in that opinion. The argument in behalf of the appellant on the present appeal is designed to show that a different view of the law and the facts should now be adopted from that which was then taken by the General Term. It is enough to say that the conclusion reached by that court and expressed in Judge Cullen’s opinion finds recent support in the case of Thomson v. Poor ( 47 N. Y. 402), and that we think the former decision was correct. All concurred, except Pratt, J., not sitting.

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Per Curiam:

The facts in this case are fully-stated in the opinion of Mr. Justice Cullen, delivered at General Term in May, 1894, when a new trial was ordered upon the plaintiff’s exceptions to a dismissal of the complaint. (Huber v. Grauer, 87 Hun, 100.) The case has now been tried in strict accordance with the directions contained in that opinion. The argument in behalf of the appellant on the present appeal is designed to show that a different view of the law and the facts should now be adopted from that which was then taken by the General Term. It is enough to say that the conclusion reached by that court and expressed in Judge Cullen’s opinion finds recent support in the case of Thomson v. Poor ( 47 N. Y. 402), and that we think the former decision was correct. All concurred, except Pratt, J., not sitting.

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Bluebook (online)

5 A.D. 623, 38 N.Y.S. 1145, 72 N.Y. St. Rep. 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huber-v-grauer-nyappdiv-1896.

Opinion

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