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Kennicutt v. Parmalee

Court of Appeals of the State of New York
Apr 24, 1888
16 N.E. 549 (N.Y. 1888)
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Summary

In Kennicutt v. Parmalee (109 N.Y. 650) the appeal was from an order of the trial judge, setting aside a verdict, and granting a new trial affirmed by the General Term. Judge EARL, writing the opinion in this court, says: "The motion for a new trial does not appear to have been based solely upon exceptions or questions of law, and hence the motion may have been granted by the trial judge in the exercise of his discretion upon the facts.

Summary of this case from Voisin v. C.M. Ins. Co.
See 2 Summaries

Opinion

Argued April 19, 1888

Decided April 24, 1888

B.F. Congdon for appellant.

W.H. Henderson for respondent.

EARL. J., reads for affirmance.

All concur.

Order affirmed.

Summaries of

Kennicutt v. Parmalee

Court of Appeals of the State of New York
Apr 24, 1888
16 N.E. 549 (N.Y. 1888)

In Kennicutt v. Parmalee (109 N.Y. 650) the appeal was from an order of the trial judge, setting aside a verdict, and granting a new trial affirmed by the General Term. Judge EARL, writing the opinion in this court, says: "The motion for a new trial does not appear to have been based solely upon exceptions or questions of law, and hence the motion may have been granted by the trial judge in the exercise of his discretion upon the facts.

Summary of this case from Voisin v. C.M. Ins. Co.

In Romeyn v. Sickles, 109 N.Y. 650, the Court of Appeals held that where an objection has been properly taken, or an exception presents the point, it is fatal to a recovery that it does not conform in all material respects to the allegations of the pleadings, saying (page 652) "it is a fundamental rule that judgment shall be secundum allegata et probata," and that, "if a party can allege one cause of action and then recover upon another, his complaint will serve no useful purpose, but rather to ensnare and mislead his adversary."

Summary of this case from Shrimpton Sons v. Dworsky
Case details for

Kennicutt v. Parmalee

Case Details

Full title:ANSON C. KENNICUTT, Appellant, v . JOSHUA PARMALEE, Respondent

Court:Court of Appeals of the State of New York

Date published: Apr 24, 1888

Citations

16 N.E. 549 (N.Y. 1888)
16 N.E. 549
15 N.Y. St. Rptr. 515

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Voisin v. C.M. Ins. Co.

" ( Wright v. Hunter, 46 N.Y. 409; Whitson v. David, 81 id. 645.) In Kennicutt v. Parmalee ( 109 N.Y. 650)…

Shrimpton Sons v. Dworsky

In this state the question is no longer open to controversy. In Romeyn v. Sickles, 109 N.Y. 650, the Court of…

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