Rosenstein v. . Fox
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made at the June term, 1894, which affirmed a judgment in favor of defendant entered upon a verdict and also affirmed an order denying plaintiff’s motion for a new trial.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made at the June term, 1894, which affirmed a judgment in favor of defendant entered upon a verdict and also affirmed an order denying plaintiff’s motion for a new trial. The action was brought to recover three thousand dollars with interest from May 27, 1884, on a promissory note made by the defendant, of which the plaintiff claimed to be the owner and holder. The answer consists of a general denial and affirmative allegations that the note in suit was made for the…
1Opinion of the CourtMartin, J.
The first question presented upon this appeal is one relating to practice. There is no certificate in the case showing that it contains all the evidence, or all the evidence hearing upon the questions sought to be reviewed. It appears by the opinion of the General Term, but not otherwise, that because of the absence of such a certificate that court declined to examine the plaintiff’s exceptions to the refusal of the trial judge to direct a verdict for the plaintiff, and to the charge submitting to the jury the question of usury.
The effect of a statement in the opinion, where neither the…
2Cases cited13 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Porter v. . SmithNew York Court of Appeals · 1887
- Koehler v. . HughesNew York Court of Appeals · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Giventer v. ArnowNew York Court of Appeals · 1975
- Grannis v. . StevensNew York Court of Appeals · 1916
- Dupont v. . Village of Port ChesterNew York Court of Appeals · 1912
- U. T. Hungerford Brass & Copper Co. v. BrighamNew York Supreme Court · 1905
- Potter v. DubnoffCourt of Appeals for the Second Circuit · 1966
39 more not listed; retrieve them via the Exa API.