Hecla Powder Co. v. . Sigua Iron Co.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the tirst judicial department, entered upon an order made December 18, 1895, affirming a judgment in favor of the defendant rendered upon a verdict, and an order denying a motion for a new trial. This action was brought upon a draft in the usual form for $950, dated May 10, 1892, payable two months after date, drawn by the plaintiff and accepted by the. defendant.
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Appeal from a judgment of the late General Term of the Supreme Court in the tirst judicial department, entered upon an order made December 18, 1895, affirming a judgment in favor of the defendant rendered upon a verdict, and an order denying a motion for a new trial. This action was brought upon a draft in the usual form for $950, dated May 10, 1892, payable two months after date, drawn by the plaintiff and accepted by the. defendant. It was pleaded as a defense that said draft was accepted upon the purchase by the defendant, from the plaintiff, of 5,000 pounds of blasting powder at the…
1Opinion of the CourtVann, J.
Several interesting questions, ably argued by the learned counsel for the appellant, are not before us, because they were not raised by objection and exception in the trial court. We cannot reverse the judgment appealed from unless the record affirmatively shows the denial of some legal right to the appellant during the progress of the trial, and that such denial was duly excepted to. In a civil action we can only reverse upon exceptions, and are compelled to disregard all errors committed by the trial court, unless they were pointed out by an objection and saved by an exception, no matter…
2Cases cited2 opinions
- Serviss v. . McDonnellNew York Court of Appeals · 1887
- Duryea v. . VosburghNew York Court of Appeals · 1890
3Cited by29 opinions
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Miller v. MillerNew York Court of Appeals · 1986
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Gray v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1903
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