Fuchs v. Morris
New York Supreme Court
Appeal from circuit court, New York county. Action by John G. Fuchs against John H. Morris for the price of :an orchestrion sold by. plaintiff to defendant. From a judgment ■entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. Reversed.
1Opinion of the CourtFollett, J.
The defendant did not move for a nonsuit, or that a verdict be directed in his favor, and the plaintiff did not ask that *1018a verdict be directed in Ms favor as to any of the counterclaims. > The questions contained in the record are presented by the defendant’s exceptions taken to the rulings upon the admissibility of evidence, to the refusals to charge as requested, and to the charge as delivered, and by the appeal from the order. The action was brought to recover the last installment of the purchase price of an orchestrion. The defendant alleged as a defense that the instrument was defective…
2Cases cited4 opinions
- Fassin v. . HubbardNew York Court of Appeals · 1874
- Terry v. McNielNew York Supreme Court · 1870
- Lansing v. ColeyNew York Supreme Court · 1860
- Dike v. . LongNew York Court of Appeals · 1894
3Cited by1 opinion
- Hafner v. McCaffreyAppellate Terms of the Supreme Court of New York · 1897