Coulson v. Whiting
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury rendered by direction of the court and an order denying a motion for a new trial. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesest, J.
We were urged by the counsel for the appellant to treat this appeal with great indulgence, because the learned justice before whom the action was tried did- not call attention to the insufficiency of the answer before he directed a verdict for the plaintiff. An offer to prove was entertained by the justice, and therefore the counsel contends that if a good defense could have been established, we are- at liberty to assume that it would have been established, and upon that assumption to reverse the judgment, though the answer sets up no bar to the plaintiff’s right to a recovery.
I do not so…
2Cases cited5 opinions
- Suydam v. . JacksonNew York Court of Appeals · 1873
- Lefler v. . FieldNew York Court of Appeals · 1873
- Dubois v. . HermanceNew York Court of Appeals · 1874
- Bloomer v. MerrillNew York Court of Common Pleas · 1865
- McMurray & Thomas v. GiffordNew York Supreme Court · 1850
3Cited by4 opinions
- Blake v. RanousAppellate Court of Illinois · 1888
- Ryan v. StateNew York Court of Claims · 1948
- Sunasack v. MoreyAppellate Court of Illinois · 1901
- Lack v. WyckoffCity of New York Municipal Court · 1887