Bulger v. . Rosa
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order ■made July 6, 1889, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and .granted a new trial. This was an action of replevin.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, entered upon an order ■made July 6, 1889, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court and .granted a new trial. This was an action of replevin. The goods in question were levied upon by the sheriff under and by the virtue of an execution issued against John Sherlock and John Bulger, the individual members of the firm of Bulger & Sherlock, upon judgments recovered on firm liabilities. .Plaintiff claimed title under a bill of sale executed by Bulger. The…
1Opinion of the CourtAndrews, J.
The trial judge directed a verdict for the defendant, and the General Term has granted a new trial on the ground that the question of fraud in the sale from John Bulger to the plaintiff, of the goods, personal property and real estate, which formerly belonged to the firm of Bulger & Sherlock, should have been submitted to the jury. The general rule is well settled, that in a jury case the direction of a verdict is only justified where the evidence conclusively establishes the right of the party in whose favor the direction is given. The test of the right to direct a verdict is whether the…
2Cases cited4 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Chase v. . PeckNew York Court of Appeals · 1860
- Edgell v. . HartNew York Court of Appeals · 1853
- Mabbett v. . WhiteNew York Court of Appeals · 1855
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- Brody v. PecoraroNew York Court of Appeals · 1928
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Kittredge v. LangleyNew York Court of Appeals · 1930
- Millhiser & Co. v. McKinley, Rangeley & Co.Supreme Court of Virginia · 1900
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