Kleinert v. Federal Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Federal Brewing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of May, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of June, 1904, denying the defendant’s motion for a new trial made upon the minutés.
1Opinion of the Court
Woodward, J.:
This action was brought to recover damages alleged to have been sustained by the plaintiff by reason of the cancellation of a contract for the construction of a stable upon the premises of the defendant; and lias resulted in a verdict in favor of the plaintiff for $2,000, which, it seems to us, might be sustained, except for the fact that upon the trial the learned justice presiding insisted upon placing his own interpretation upon the evidence, thus usurping the province of the jury. It is true, of course, that the issues of- fact wére formally submitted to the jury for…
2Cases cited1 opinion
- Swan v. KeoughAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
- Trupin v. New York City Interborough Railway Co.Appellate Division of the Supreme Court of the State of New York · 1933