University Press, John Wilson & Son, Inc. v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George B. .'Williams, from a judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of July, 1899, upon the verdict of" a jury rendered by direction of the court, and also from an order bearing date the 30th day of June, 1899, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, George B. .'Williams, from a judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 7th day of July, 1899, upon the verdict of" a jury rendered by direction of the court, and also from an order bearing date the 30th day of June, 1899, and entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The facts are stated in the dissenting opinion of Ingraham, J.
1Dissent
Ingraham, J. (dissenting):
I cannot agree with Mr. Justice Barrett in his conclusion, as I think . the notice of protest given to the defendant by the plaintiff was sufficient to charge the defendant. At the close of the case both parties made a motion for a direction of a verdict. There was. no request to submit any question to the jury, and the learned judge having directed a verdict for the plaintiff, it must be considered that all questions of fact as well as law were submitted to him. If, therefore, the facts would justify a verdict, the judgment should not be disturbed. The action was…
2Cases cited5 opinions
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- West River Bank v. TaylorNew York Court of Appeals · 1865
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- Requa v. . CollinsNew York Court of Appeals · 1872