Union Bank v. Fleitman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Union Bank of Brooklyn, from a judgment of the Supreme Court partly in favor of the defendant’s intestate, entered in the office of the clerk of the county of Kings on the 10th day of June, 1913, upon a dismissal of certain causes of action alleged in the complaint by direction of the court at the close of the case. As to certain other causes of action the court directed a verdict in plaintiff’s favor.
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Appeal by the plaintiff, Union Bank of Brooklyn, from a judgment of the Supreme Court partly in favor of the defendant’s intestate, entered in the office of the clerk of the county of Kings on the 10th day of June, 1913, upon a dismissal of certain causes of action alleged in the complaint by direction of the court at the close of the case. As to certain other causes of action the court directed a verdict in plaintiff’s favor. Plaintiff also appeals from an order entered in said clerk’s office on the 16th day of June, 1913, denying its motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam, J.:
The plaintiff’s twenty-four causes of action were disposed of by the trial court without sending any to the jury. Mr. Heinze admitted a liability of $195,451.74 upon the first seven causes of action, which took them out of controversy. The other causes of action upon a series of seventeen promissory notes, given by Mr. Heinze to the plaintiff or to the prior corporation, the Mechanics and Traders Bank, were dismissed. The counterclaim, for not selling collateral' pledged to plaintiff to secure Mr. Heinze’s note, was left to the jury, who gave a verdict for $149,825. The excess of…
2Cases cited1 opinion
- Studwell v. . Bush CompanyNew York Court of Appeals · 1912
3Cited by2 opinions
- State Ex Rel. Shull v. IngleSupreme Court of Oklahoma · 1934
- Union Bank of Brooklyn v. FleitmanAppellate Division of the Supreme Court of the State of New York · 1916