De Bates v. Searls

MORIARTY, C.

The appellant, De Bates, brought this action to recover a piano. The evidence was presented to ajury, but at the close of the evidence the court granted the .defendants’ motion for the direction of a verdict in their favor. A verdict was returned in accordance with the court’s direction, and judgment entered thereon. From this judgment, and an order denying a new trial, the plaintiff appeals.

The vital question presented on this appeal is whether the trial court erred in directing a verdict for defendants. In determining whether there was a question which should have gone to the…