A. E. McBee Co. v. Shoemaker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert E. Shoemaker, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of November, 1915, 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 13th day of December, 1915, denying appellant’s motion for a new. trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is an action on a promissory note and against appellant as indorser. At the close of the evidence the attorney for plaintiff moved for a direction of a verdict on the ground that the evidence material to the right of his client to recover, consisting of the testimony of the witness Lackey, was uncontroverted; and the attorney for the appellant thereupon conceding that his client was liable for $500, but claiming that to be the extent of the liability, moved for a direction of a verdict for plaintiff for that amount. Both parties thus submitted the facts to the court and…
2Cases cited16 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Strong v. . SheffieldNew York Court of Appeals · 1895
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3Cited by2 opinions
- Pan-American Securities Corp. v. Krupp AktiengesellschaftNew York Supreme Court · 1938
- Artia Parliament Distributing Corp. v. KendricksAppellate Division of the Supreme Court of the State of New York · 1963