Hyland v. Anderson
New York Court of Common Pleas
Appeal from city court, general term. Action by Josiah A. Hyland against George W. Anderson on a promissory note made by defendant to the order of Harriet E. Day, and indorsed by her before maturity to plaintiff. From a judgment of the general term of the city court affirming a judgment entered for plaintiff on the verdict of a jury, and denying motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The case fails to show either a motion for a nonsuit, or for the direction of a verdict for the defendant, and the sufficiency of the evidence to sustain a verdict for plaintiff was thus conceded. Barrett v. Railroad Co., 45 N. Y. 628, 632; Rowe v. Stevens, 44 How. Pr. 10; St. John v. Skinner, Id. 198; Caspar v. O'Brien, 47 How. Pr. 80. In the absence of an exception to the refusal to grant either motion, we are without power to reverse a judgment of the city court on the ground that the verdict is against the evidence, (Schwinger v. Raymond, 105 N. Y. 648, 11 N. E. Rep. 952; Walsh v. Schulz,…
2Cases cited9 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- McEteere v. LittleNew York Court of Common Pleas · 1878
- Walsh v. SchulzNew York Court of Common Pleas · 1884
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3Cited by1 opinion
- Aronoff v. LevineNew York Supreme Court · 1919