Hull v. Cronk
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Calvin E. Hull, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings oil the 13th day of February, 1900, upon the decision of the court rendered after a trial at the Kings County Trial Term. The case was tried before a jury, but each party having moved for the direction of a verdict, the court discharged the jury and decided the case.
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Appeal by the plaintiff, Calvin E. Hull, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings oil the 13th day of February, 1900, upon the decision of the court rendered after a trial at the Kings County Trial Term. The case was tried before a jury, but each party having moved for the direction of a verdict, the court discharged the jury and decided the case. The action was brought to recover upon a note executed by the defendants, the payment of which was secured by a first mortgage or trust deed delivered by the…
1Opinion of the Court
Jenks, J.:
At the close of the trial, each party moved for a direction of the verdict, and thus made the court the trier of facts. Therefore, all *84the facts and the inferences necessary to support the judgment, or which could fairly, have been derived from proofs given, are deemed to be found for the defendant. (Bowery Bank v. Gerety, 153 N. Y. 413.) If there is any evidence to sustain the findings, they are conclusive upon the parties. (Reynolds v. Miller, 79 Hun, 113, 116; affd. on opinion below in 151 N. Y. 624.) The defendant pleaded a merger based upon the undisputed facts that while the…
2Cases cited9 opinions
- Smith v. . RobertsNew York Court of Appeals · 1883
- Dickason v. WilliamsMassachusetts Supreme Judicial Court · 1880
- Gillett v. Trustees of Village of KinderhookNew York Supreme Court · 1894
- Gowdey v. RobbinsAppellate Division of the Supreme Court of the State of New York · 1896
- Rand v. Fort Scott, Wichita & Western Railway Co.Supreme Court of Kansas · 1892
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3Cited by5 opinions
- Westcott v. Fidelity & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Sautter v. FrickNew York Supreme Court · 1929
- Westcott v. Fidelity & Deposit Co. of MarylandAppellate Division of the Supreme Court of the State of New York · 1903
- Jughardt v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1902
- In re Diamond T. Truck Sales Agency of Oregon, Inc.District Court, D. Oregon · 1922