Lashaway v. Tucker

New York Supreme Court

Lashaway v. Tucker

15 N.Y.S. 490, 68 N.Y. Sup. Ct. 6, 39 N.Y. St. Rep. 680

DecidedJuly 15, 1891

StatusPublished

This text of 15 N.Y.S. 490 (Lashaway v. Tucker) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lashaway v. Tucker, 15 N.Y.S. 490, 68 N.Y. Sup. Ct. 6, 39 N.Y. St. Rep. 680 (N.Y. Super. Ct. 1891).

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Opinions

Hardin, P. J.

In the course of the trial the court held that the word “flour” did not cover meal, and refused to submit a question in that regard to the jury. Proper exceptions were taken to the rulings and to the refusal. I am inclined to the opinion that an error was committed.

I think the amount of the verdict is dubious. I favor a reversal of the [491]*491order and judgment. Judgment and order reversed, and a new trial ordered, with costs to abide the event.

Martin, J.

I think flour includes meal, and, under statute, meal for family use is exempt; hence I concur.

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Hardin, P. J.

In the course of the trial the court held that the word “flour” did not cover meal, and refused to submit a question in that regard to the jury. Proper exceptions were taken to the rulings and to the refusal. I am inclined to the opinion that an error was committed.

I think the amount of the verdict is dubious. I favor a reversal of the [491]*491order and judgment. Judgment and order reversed, and a new trial ordered, with costs to abide the event.

Martin, J.

I think flour includes meal, and, under statute, meal for family use is exempt; hence I concur.

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Bluebook (online)

15 N.Y.S. 490, 68 N.Y. Sup. Ct. 6, 39 N.Y. St. Rep. 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lashaway-v-tucker-nysupct-1891.