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Marvin v. Brewster Iron Mining Company

Court of Appeals of the State of New York
May 26, 1874
56 N.Y. 671 (N.Y. 1874)

Summary

In Marvin v. The Brewster Iron Mining Co. (56 N.Y. 671) there had been a reversal of the judgment appealed from, and in view of the insolvency of the appellant and pecuniary inability to pay the judgment in case the respondent should be successful upon a new trial, it was held that restitution might be refused and the money held to await the final result of the action.

Summary of this case from Klinker v. Third Avenue R.R. Co.

Opinion

Argued April 28, 1874

Decided May 26, 1874

C. Frost for motion.

John E. Parsons opposed.


FOLGER, J., reads opinion for denial of motion, without cost, and without prejudice to plaintiff in any proceedings in the court below.

All concur.

Motion denied.


Summaries of

Marvin v. Brewster Iron Mining Company

Court of Appeals of the State of New York
May 26, 1874
56 N.Y. 671 (N.Y. 1874)

In Marvin v. The Brewster Iron Mining Co. (56 N.Y. 671) there had been a reversal of the judgment appealed from, and in view of the insolvency of the appellant and pecuniary inability to pay the judgment in case the respondent should be successful upon a new trial, it was held that restitution might be refused and the money held to await the final result of the action.

Summary of this case from Klinker v. Third Avenue R.R. Co.
Case details for

Marvin v. Brewster Iron Mining Company

Case Details

Full title:AARON B. MARVIN, Appellant, v . THE BREWSTER IRON MINING COMPANY…

Court:Court of Appeals of the State of New York

Date published: May 26, 1874

Citations

56 N.Y. 671 (N.Y. 1874)

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In opposition to Shawnee's motion and in support of his cross motion for summary judgment against Shawnee,…

Klinker v. Third Avenue R.R. Co.

The present case answers neither description. In Marvin v. The Brewster Iron Mining Co. ( 56 N.Y. 671) there…