Metropolitan National Bank v. Sirrett
New York Court of Appeals
Appeal by the defendant from an order of the general term of the supreme court, fourth department, reversing a judgment in his favor, entered upon the verdict of the jury upon trial at the special term, and granting a new trial.
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Appeal by the defendant from an order of the general term of the supreme court, fourth department, reversing a judgment in his favor, entered upon the verdict of the jury upon trial at the special term, and granting a new trial. The Metropolitan National Bank of New York brought this action on two promissory notes made by the firm of Sirrett & Stafford, a limited partnership, composed of William B. Sirrett, Robert Stafford and Lucien A. Sirrett, and organized by filing the certificate required by statute, on December 28, 1875. William B. Sirrett, who alone defends the action, was named in the…
1Opinion of the CourtAndews, J.
The only questions before the general term were questions of law arising upon the exceptions taken by the plaintiff on the trial. The trial judge, upon the application of the plaintiff’s counsel, made after verdict, directed that the exceptions of the plaintiff should be heard in the first instance at general term, and that in the meantime judgment should be suspended. Upon a motion for a new trial, upon exceptions ordered to be heard in the first instance at general term, all controverted questions of fact are to be regarded as settled by the verdict of the jury, and neither the general term…
2Cases cited2 opinions
- Van Ingen v. . WhitmanNew York Court of Appeals · 1875
- First National Bank v. WhitneyNew York Supreme Court · 1871
3Cited by1 opinion
- Moorhead v. SeymourCity of New York Municipal Court · 1901