Smith v. Simmons
New York Supreme Court
Appeal from circuit court, Fulton county. Action by Charles A. Smith against Andrew D. Simmons. From a judgment on a verdict directed for defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtPutnam, J.
No exceptions were taken during the trial that should cause a reversal of the judgment. After the parties had rested, defendant moved that the court direct a verdict against plaintiff, in his favor, of.no cause of action. Plaintiff asked to go to the jury upon the questions involved in the case. The court denied the plaintiff’s motion, and directed a verdict for the defendant. To this ruling of the court, and direction, no exception was taken by the plaintiff. The plaintiff then moved for a new trial upon all the grounds specified in section 999 of the Civil Code,1 which motion was denied,…
2Cases cited2 opinions
- Third Avenue R.R. Co. v. . EblingNew York Court of Appeals · 1885
- Jacobsen v. CorneliusNew York Supreme Court · 1889
3Cited by1 opinion
- Davis v. WillisNew York Supreme Court · 1893