29 Misc. 320
Appellate Terms of the Supreme Court of New York
Decided October 15, 1899
Appellate Terms of the Supreme Court of New York · decided 1899-10-15
Appeal by the defendant from a judgment rendered in favor ■of the plaintiffs in the Municipal Court, eleventh district, borough of Manhattan.
Cited by 2 later decisions — most recently October 2006
2 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1899-10-15
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¶1(dissenting). It does not seem to me that the plaintiffs have cured, upon the second trial, the defect in their case when it was brought before this tribunal upon the former *322appeal, whereupon it was pointed out that to recover the.plaintiffs must prove “ such a uniform, continuous and general usage that the defendant must be presumed to have contracted with reference to it”
¶2Judgment affirmed, with costs.