Lilienthal v. Betz
Appellate Division of the Supreme Court of the State of New York
Appeal hy the defendants, John F. Betz and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 25th day of January, 1901, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the, 22d day of January, 1901, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
From a judgment in favor of the plaintiffs and from an order denying a motion for a new trial the defendants appeal. The cause was tried at a Trial Term, but the parties stipulated that the jury might be discharged and that the case should be disposed of by the trial judge, whose decision should be put in the form of a verdict by direction, with the same effect as if a jury had actually rendered a verdict. The trial judge held that the plaintiffs were entitled to recover a portion of their claim, and for the amount thereof a direction of a verdict was given and judgment entered…
2Cases cited4 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Wallace v. . WalshNew York Court of Appeals · 1890
- American Grocery Co. v. PrattAppellate Division of the Supreme Court of the State of New York · 1899
- Cincinnati Cooperage Co. v. O'KeeffeNew York Court of Appeals · 1890
3Cited by1 opinion
- Winthrop Press v. PerkinsNew York Supreme Court · 1905