Legal Opinion

Sigua Iron Co. v. Greene

Court of Appeals for the Second Circuit

Decided June 13, 1898PublishedCited by 39 opinions

This cause comes here on a writ of error brought by plaintiff below to review a judgment of the circuit court, Southern district of New York, in favor of defendant below, said judgment being entered upon a verdict directed by the court. The action was brought by plaintiff, a West Virginia corporation, to recover a balance unpaid on some stock in said company, which it claimed to have been owned by defendant.

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This cause comes here on a writ of error brought by plaintiff below to review a judgment of the circuit court, Southern district of New York, in favor of defendant below, said judgment being entered upon a verdict directed by the court. The action was brought by plaintiff, a West Virginia corporation, to recover a balance unpaid on some stock in said company, which it claimed to have been owned by defendant. The following outline of the facts and history of the case sufficiently indicates the points discussed in the opinion, infra: In. the early part of the year 1890 a number of persons known…

1Opinion of the CourtLacombe, Circuit Judge

(after stating the facts). Before discussing the merits of this appeal, it will be well to dispose of a point of practice which was presented upon the argument. Plaintiff in error insists not only that upon the whole case it was entitled to a direction, but also that, if that be not so, there were disputed questions of fact which the court improperly took from the jury, and itself decided. Defendant in error insists that plaintiff in error is in no position to raise this objection. The point is thus stated in defendant’s brief:

“Where, at the close of the evidence on a trial, both parties ask…

2Cases cited14 opinions

  1. Hawkins v. GlennSupreme Court of the United States · 1889
  2. Turnbull v. PaysonSupreme Court of the United States · 1877
  3. Anderson County Commissioners v. BealSupreme Court of the United States · 1885
  4. McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
  5. Finn v. BrownSupreme Court of the United States · 1891

9 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Elzig v. GudwangenCourt of Appeals for the Eighth Circuit · 1937
  2. Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
  3. Haverty Realty & Inv. Co. v. CommissionerUnited States Tax Court · 1944
  4. O'shea v. New York, C. & St. L. R. Co.Court of Appeals for the Seventh Circuit · 1901
  5. Arthur R. Jones Syndicate v. Commissioner of I. RevenueCourt of Appeals for the Seventh Circuit · 1927

34 more not listed; retrieve them via the Exa API.

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