Meislahn v. Irving National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Irving National Bank, 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 8th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of February, 1901, denying .the defendant’s motion fora new. trial made upon the minutes.
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Appeal by the defendant, the Irving National Bank, 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 8th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of February, 1901, denying .the defendant’s motion fora new. trial made upon the minutes. The action was brought to recover for services rendered by plaintiff to defendant as check clerk from the 31st day of May, 1898, to the 30th day of June, 1899. The complaint contains two counts, one ón…
1Opinion of the Court
Laughlin, J.:
There being no certificate that the case contains all the evidence we must presume that sufficient evidence was offered on behalf of the plaintiff to warrant the verdict, and we are not at liberty to review the facts. (Gorham Manufacturing Company v. Seale, 3 App. Div. 515, 517; Gregory v. Clark, 53 id. 74; Flood v. Cain, 78 Hun, 378.)
The only questions open to review on this appeal, therefore, are the exceptions taken to the admission or rejection of evidence and to the charge or refusals to charge. The first legal error assigned is the admission of testimony as to the salary…
2Cases cited12 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Chemical Nat'l Bank of N.Y. v. . KohnerNew York Court of Appeals · 1881
- Lee v. Pittsburgh Coal & Mining Co.The Superior Court of New York City · 1877
- Scott v. Middletown, Unionville & Water-Gap RailroadNew York Court of Appeals · 1881
- Cunningham v. Massena Springs & Ft. C. R.New York Supreme Court · 1892
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3Cited by3 opinions
- Martin v. CampanaroCourt of Appeals for the Second Circuit · 1946
- In re Suburban Bus Co.District Court, S.D. New York · 1946
- Brew v. MasonAppellate Division of the Supreme Court of the State of New York · 1982