Goodman v. Marx
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Helen Goodman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of November, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Helen Goodman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of November, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day, denying plaintiff’s motion for a new trial made upon the minutes. The plaintiff brought this action as assignee of B. J. Galligan & Co., Inc., a domestic corporation, to recover $7,500, the amount of the first payment made by her assignor upon a contract for the purchase of certain premises upon…
1Opinion of the Court
Kelly, J.:
At the close of the plaintiff’s case the defendant moved for a nonsuit upon the ground that plaintiff had failed to make a prima facie case, and failed to prove the existence of any defects warranting the rejection of the title, and that it being admitted that the vendee had made no tender of $67,500, the balance of cash payment due on closing title, plaintiff could not maintain the action. The learned trial justice reserved decision upon the motion and defendant proceeded with his defense. At the conclusion of the testimony the defendant renewed his motion to dismiss the complaint…
2Cases cited3 opinions
- Chesebro v. . MoersNew York Court of Appeals · 1922
- Roberts v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- Sinnott v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by1 opinion
- In re the Judicial Settlement of the Intermediate Account of Proceedings of BrownNew York Surrogate's Court · 1927