Owen v. . Evans
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made September 9, 1890, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court, and reversed an order denying a motion for a new trial and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made September 9, 1890, which reversed a judgment in favor of plaintiff entered upon a verdict directed by the court, and reversed an order denying a motion for a new trial and ordered a new trial. This action was commenced May 20, 1889, upon a written instrument dated ¡November 25,1872, whereby the defendant guaranteed the payment of a note and mortgage on that day assigned by him to one John Owen, the assignor of the plaintiff. On the 20th of December, 1871, at Independence, Kansas, one Sarah A.…
1Opinion of the CourtVann, J.
At the close of the evidence the defendant asked leave “ to go to the jury upon the question of whether or not there was a sale of the mortgage and note by John Owen to George II. Evans,” as well as “ upon all the questions of fact in the case,” but the learned trial judge denied the application and directed a verdict in favor of the plaintiff for the sum of $1,276.23, the entire amount claimed. The General Term reversed the judgment entered on the verdict upon the ground that the question of ownership of the cause of action should have been submitted to the jury. The evidence addressed to…
2Cases cited2 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Stone v. . FlowerNew York Court of Appeals · 1872
3Cited by19 opinions
- Central Trust Co v. West India Improvement Co.New York Court of Appeals · 1901
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Selwyn Co. v. . WallerNew York Court of Appeals · 1914
- Kommel v. Herb-Gner Construction Co.New York Court of Appeals · 1931
- In re the Judicial Settlement of a Final Account of Proceedings of the Equitable Trust Co.New York Surrogate's Court · 1926
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