Lathers v. Hunt

New York Court of Common Pleas

Lathers v. Hunt

13 N.Y.S. 813, 37 N.Y. St. Rep. 748, 1891 N.Y. Misc. LEXIS 1691

New York Court of Common Pleas·Decided April 6, 1891·Published

Opinion

Per Curiam.

Twice has this case been here on appeals by the defendant, and it is again before us on substantially the same state of facts. On the former occasions the law of the case was clearly "and fully propounded for the guidance of the court below; by Bisohoff and Daly, JJ., 9 N. Y. Supp. 494, and by Bookstaver, J., 10 N. Y. Supp. 529. At the trial under review the only development, if any, to vary the case was evidence of alleged injury to the furniture; but we are of opinion that such evidence was insufficient in law to fix the plaintiff with liability. Judgment reversed, and new trial, costs to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Twice has this case been here on appeals by the defendant, and it is again before us on substantially the same state of facts. On the former occasions the law of the case was clearly "and fully propounded for the guidance of the court below; by Bisohoff and Daly, JJ., 9 N. Y. Supp. 494, and by Bookstaver, J., 10 N. Y. Supp. 529. At the trial under review the only development, if any, to vary the case was evidence of alleged injury to the furniture; but we are of opinion that such evidence was insufficient in law to fix the plaintiff with liability. Judgment reversed, and new trial, costs to abide the event.

Lathers v. Hunt, 13 N.Y.S. 813, 37 N.Y. St. Rep. 748, 1891 N.Y. Misc. LEXIS 1691 (N.Y. Super. Ct. 1891).

Pincite

13 N.Y.S. 813 (Lathers v. Hunt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related