Legal Opinion

Sexton v. Fensterer

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1913PublishedCited by 5 opinions

■ Motion by the plaintiff, Lawrence E. Sexton, as trustee, etc., for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendants rendered by direction of the court after a trial at the New York Trial Term in February, 1912.

1Opinion of the Court

Ingraham, P. J.:

There was no substantial dispute as to the facts. At the end of the trial both parties moved for the direction of a verdict. The court denied the plaintiff’s motion for the direction of a verdict in favor of the plaintiff and granted a motion directing a verdict for the defendants, to which the plaintiff excepted, and ordered the exceptions to be heard in the first instance by this court.

■ Kessler & Co., the bankrupts, were bankers doing business in the city of New York and the defendants were engaged in business in New York and Germany. • Mr. Gabriel Fensterer, one of the…

2Cases cited1 opinion

  1. Merchants & Manufacturers' National Bank v. CumingsNew York Court of Appeals · 1896

3Cited by5 opinions

  1. Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
  2. Bank of United States v. SeltzerAppellate Division of the Supreme Court of the State of New York · 1931
  3. In Re Canal Bank & Trust Co.'s LiquidationSupreme Court of Louisiana · 1933
  4. Hartford Accident & Indemnity Co. v. MoraldoNew York District Court · 1975
  5. Greenough v. MunroeDistrict Court, S.D. New York · 1932

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