Legal Opinion

Peniston v. Coleman

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1910Published

Appeal by the plaintiff, William W.-Peniston, from a judgment of the Municipal. Court of the city of Mew York, .borough of Brooklyn, in fav.or. of the defendants, rendered on the 5th day of • May,-' 1910,' and also from an order denying the plaintiff’s motion for a new' trial. - ' V . . •'

1Opinion of the Court

Jeñks, J.':

This action is upon a promissory nóte. The defendants asked and obtained the. affirmative without objection. They read.the note in ' evidence, and then offered téstimony in their. defense. When- the defendants rested,, plaintiff moved for judgment — for a' direction of a verdict in favor óf plaintiff. The' court, then -asked: ■ “ Are there.any other motions ? ”' Thereupon the defendants moved that' the .court direct- a verdict for them on the evidence. The court then said: AI direct, a verdict for the. defendant.” ■ Plaintiff then- '' asked to go-to th'e jury on the .question of…

2Cases cited5 opinions

  1. Stumpf v. HallahanAppellate Division of the Supreme Court of the State of New York · 1905
  2. Shultes v. SicklesNew York Court of Appeals · 1895
  3. Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
  4. Niagara Fire Insurance Company v. . Campbell StoresNew York Court of Appeals · 1906
  5. Carr v. SullivanNew York Supreme Court · 1893

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