Bishop v. Corning
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Sherwood Corning, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 28th day of April, 1898, 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 25th day of April, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Judgment and order affirmed, with costs, on the opinion of Nash, J., delivered at Trial Term.
All concurred.
The following is the opinion of Nash, J., delivered at Trial Term:
Nash, J.:
Both parties having moved to direct a verdict, it became a question of law for the court to determine upon all of the evidence which of the parties was entitled to recover.
The action is replevin for the recovery of the plaintiff’s bank book, delivered in pursuance of, or in accordance with, a writing, executed and delivered by the plaintiff, to the defendant, by the terms of which the plaintiff agreed to give to…
2Cases cited1 opinion
- Pierson v. . CrooksNew York Court of Appeals · 1889
3Cited by1 opinion
- One Pearl Chain v. United StatesCourt of Appeals for the Second Circuit · 1903