New York Supreme Court, 1869

Crater v. Bininger

New York Supreme Court · Decided June 7, 1869 · Cardozo, Clerke

54 Barb. 155; 1869 N.Y. App. Div. LEXIS 51

Counsel

A. P. Whitehead, for the plaintiff., S. E. Church, for the defendant.

Opinion of the Court

Cardozo, J.

This case cannot be distinguished in principle from Gridley v. Dole, (4 Comst. 486,) and therefore the judgment below was right, and should be affirmed, with costs,

Clerke, P. J.

Until Gridley v. Dole (4 N. Y. Rep. 486) be overruled, judgment must .be given for plaintiffs in cases similar to this. I concur.

Geo. G. Barnard, J., also concurred.

Judgment affirmed.

Clerke, Cardozo and Geo. G. Barnard, Justices.]

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