Kirchner v. Reichardt
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal 'Court, third district, borough of Manhattan, rendered in fkvor of. the plaintiff, upon the verdict , of a jury.
1Opinion of the CourtFreedman, P. J.
The defendant in this actipn appeals-from a judgment ¡against him, entered upon the verdict of a jury rendered ■ in favor of the plaintiff.. ‘ ■
At the close 'of the testimony the defendant made- no motion to . dismiss the complaint, and thereby conceded that, there' was sufficient evidence to be submitted to the jury, for their determination. Dunham v. Harlam, 22 Misc. Rep. 318.
And in fact- there was such -a direct conflict of-testimony between witnesses, that the case necessarily was one for- the jury. The appellant^ in his brief, substantially admits this.
The question then to be considered…
2Cases cited4 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Mooney v. . ElderNew York Court of Appeals · 1874
- Cook v. KroemekeNew York Court of Common Pleas · 1872
- Dunham v. HarlamAppellate Terms of the Supreme Court of New York · 1898
3Cited by1 opinion
- Jaffe v. NagelAppellate Terms of the Supreme Court of New York · 1909