Claflin v. Du Bois
New York Supreme Court
Appeal from circuit court, Hew York county. Beplevin by H. B. Clattin & Co. against James G. Du Bois for goods sold and delivered. The trial judge directed a verdict for defendant. On appeal to the general term, 1886, it reversed the order. 40 Hun. 681, mem.
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Appeal from circuit court, Hew York county. Beplevin by H. B. Clattin & Co. against James G. Du Bois for goods sold and delivered. The trial judge directed a verdict for defendant. On appeal to the general term, 1886, it reversed the order. 40 Hun. 681, mem. The cause came on for trial before the same judge, who directed a verdict for plaintiff, based on the following opinion: “In this case on the former trial, I thought there was no evidence on which a verdict for plaintiff could be sustained. In this the general term thought I erred. On the evidence, if there is any evidence to gf> to a…
1Opinion of the CourtBrady, J.
This case has been twice disposed of. On the first trial the learned judge presiding, on a motion made for that purpose, directed a verdict for the defendant, on the ground that there was no evidence on which a verdict for the plaintiff could be sustained. The plaintiff appealed, and wre held it our duty to reverse the judgment, for the reason that there was sufficient evidence to require the submission of the questions in issue to the jury for their consideration and determination, and that there must therefore be a new trial. This was had before the same justice who presided at the first…
2Cited by1 opinion
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