Howland v. Bates
New York Court of Common Pleas
Appeal from city court, general term. Action by Louis M. Howland against De Witt C. Bates and Wells H. Bates on a note executed by defendants to their own order, and indorsed in blank. From a judgment of the general term of the city court (20 27. Y. Supp. 373) affirming judgment on a verdict directed by the court, and an order denying a new trial, defendants appeal.
1Opinion of the CourtPryor, J.
At the close of the evidence each party requested a decision by the court in his favor, and neither asked the submission of any issue of fact to the jury. Thereupon the court directed a verdict for the plaintiff. The only inquiry, therefore, upon the appeal is whether the evidence in favor of the plaintiff be sufficient *558to sustain the verdict. Dillon v. Cockroft, 90 N. Y. 649; Provost v. McEncroe, 102 N. Y. 650, 5 N. E. Rep. 795; Daly v. Wise, 132 N. Y. 306, 309, 30 N. E. Rep. 837. The question upon which the event of the litigation turned was whether the plaintiff was the owner of the note…
2Cases cited3 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Daly v. . WiseNew York Court of Appeals · 1892
- Grabosski v. GewerzNew York Court of Common Pleas · 1892