Gilroy v. Loftus
Appellate Terms of the Supreme Court of New York
Reargument of appeal from an affirmance, by the General Term of the .City Court of Yew York, of a judgment entered upon a verdict in favor of plaintiff.
1Opinion of the CourtBischoff, J.
As noted in the opinion delivered by this court upon the first hearing of the appeal (21 Mise. Rep. 31T), the sole issue was of the appellant’s partnership, actual or ostensible, with W. C. Loftus, and upon this reargument, limited to certain questions arising under exceptions taken to the trial court’s rulings upon requests to charge, the appellant contends that error was committed in two instances. ■
*106The first point thus involved has to do with an instruction given at the plaintiff’s request, immediately succeeding the charge by the ■ court, that the plaintiff was bound to prove his case by…
2Cases cited8 opinions
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Simmons v. Ocean CausewayAppellate Division of the Supreme Court of the State of New York · 1897
- McGregor, Darling & Curtis v. ClevelandNew York Supreme Court · 1830
- Requa v. . HolmesNew York Court of Appeals · 1857
- Lyon v. MarshallNew York Supreme Court · 1851
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