Seligmann v. Hahn
New York Court of Common Pleas
Appeal from city court, general term. Action by David Seligmann against Isaac Hahn. From a judgment of the city court (28 N. Y. Supp. 969) affirming a judgment entered on a verdict in favor of plaintiff, and an order denying a motion for a new trial, made on the minutes, defendant appeals. Affirmed.
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Appeal from city court, general term. Action by David Seligmann against Isaac Hahn. From a judgment of the city court (28 N. Y. Supp. 969) affirming a judgment entered on a verdict in favor of plaintiff, and an order denying a motion for a new trial, made on the minutes, defendant appeals. Affirmed. The action was brought by plaintiff, as one of two former copartners, to recover against the other upon his promise to indemnify the former to the extent of one-half of the loss of particular demands in favor of the copartnership firm, and which demands, pursuant to the terms of an agreement…
1Opinion of the CourtBischoff, J.
Where the defendant has omitted to object to the sufficiency of the complaint on the trial, and the defect was one capable of amendment, it is too late to urge the objection on appeal. In such a case the plaintiff is entitled to the benefit of the ■ cause of action as established by the evidence. Knapp v. Simon, 96 N. Y. 284. The cases cited for appellant to the effect that the appellate court may reverse without an objection and exception in the record have reference only to appeals to the general term of the trial court. Baylies, New Trials, 301, 333; Schwinger v. Raymond, 105 N. Y. 648, 11…
2Cases cited10 opinions
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Arnold v. . ArnoldNew York Court of Appeals · 1882
- Knapp v. . SimonNew York Court of Appeals · 1884
- Schwinger v. . RaymondNew York Court of Appeals · 1887
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3Cited by1 opinion
- Bercovici v. ChaplinDistrict Court, S.D. New York · 1943