Wilcox & Gibbs Sewing-Machine Co. v. Himes

Appellate Division of the Supreme Court of New York

Wilcox & Gibbs Sewing-Machine Co. v. Himes

45 N.Y.S. 1151

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

DecidedMay 7, 1897

StatusPublished

This text of 45 N.Y.S. 1151 (Wilcox & Gibbs Sewing-Machine Co. v. Himes) 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

Wilcox & Gibbs Sewing-Machine Co. v. Himes, 45 N.Y.S. 1151 (N.Y. Ct. App. 1897).

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Opinion

PER CURIAM.

Upon a former hearing of this case a verdict which had been ordered for the plaintiff was set aside, and a new trial ordered, for the reason, as stated in the opinion of a majority of the judges of the general term, that nothing was due to the plaintiff upon this contract, for no goods were manufactured and no report was made. 35 N. Y. Supp. 861. The case, as now presented on the part of the plaintiff, does not vary from the case before the general term at the time the former decision was made. That decision, therefore, is the law of this case, and we feel bound to follow it as it was followed by the court at trial term. The exceptions taken by the plaintiff must therefore be overruled, and a new trial denied, and judgment ordered for the defendant, upon the verdict, with costs.

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PER CURIAM.

Upon a former hearing of this case a verdict which had been ordered for the plaintiff was set aside, and a new trial ordered, for the reason, as stated in the opinion of a majority of the judges of the general term, that nothing was due to the plaintiff upon this contract, for no goods were manufactured and no report was made. 35 N. Y. Supp. 861. The case, as now presented on the part of the plaintiff, does not vary from the case before the general term at the time the former decision was made. That decision, therefore, is the law of this case, and we feel bound to follow it as it was followed by the court at trial term. The exceptions taken by the plaintiff must therefore be overruled, and a new trial denied, and judgment ordered for the defendant, upon the verdict, with costs.

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Bluebook (online)

45 N.Y.S. 1151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilcox-gibbs-sewing-machine-co-v-himes-nyappdiv-1897.

Opinion

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