# Scott v. Brown

> Appellate Terms of the Supreme Court of New York · October 15, 1899 · 29 Misc. 320

URL: https://www.frixlaw.com/law-library/cases/5405824

## Case

- **Full name:** Albert E. Scott v. William L. Brown
- **Court:** Appellate Terms of the Supreme Court of New York
- **Decided:** October 15, 1899
- **Citations:** 29 Misc. 320; 60 N.Y.S. 511
- **Precedential status:** Published
- **Opinion:** Dissent by Maolean
- **Judges:** Freedman, Maolean
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5405824

## Opinion text

MaoLean, J.
(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 *322 appeal, 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”
Judgment affirmed, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5405824. Public record. Not legal advice.