Higgins v. . Eagleton
New York Court of Appeals
Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of New York entered July 3, 1895, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court.
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Appeal from a judgment of the General Term of the late Court of Common Pleas for the city and county of New York entered July 3, 1895, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. In May, 1892, the defendant entered into an agreement with Henry Keilty, whereby, in consideration of the sum of forty-two thousand dollars to be paid by the latter, he agreed to sell him the house and premises known as 420 Hudson street, in the city of New York. The consideration was to be paid, one thousand dollars in cash, twenty thousand dollars by taking the premises…
1Opinion of the CourtMartin, J.
The rule applicable in cases of nonsuit, or where a verdict is directed hy the court, is that in determining the correctness of its decision, the party nonsuited, or against whom a verdict is directed, is entitled to the most favorable inferences deducible from the evidence, and all contested facts are to be treated as established in his favor. (Rehberg v. Mayor, etc., 91 N. Y. 137; Weil v. D. D., E. B. & B. R. R. Co., 119 N. Y. 152; Ladd v. Ӕtna Ins. Co., 147 N. Y. 478, 484.) Therefore, in determining this appeal, the facts most favorable to the defendant must be regarded as established.
On…
2Cases cited5 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Moser v. . CochraneNew York Court of Appeals · 1887
- Ladd v. . Insurance Co.New York Court of Appeals · 1895
- Weil v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1890
3Cited by89 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Ten Eyck v. . WhitbeckNew York Court of Appeals · 1898
- Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
- Cohen v. KranzNew York Court of Appeals · 1963
- E. L. Husting Co. v. Coca Cola Co.Wisconsin Supreme Court · 1931
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