Goodwin v. Bunzl
The Superior Court of New York City
Appeal by defendants from judgment entered on verdict of jury against them. The action was against the defendants as sureties, on an undertaking given upon an appeal from a judgment in an action of claim and for delivery of personal property. The facts appear in the opinion. The only question in the case, was as to the right of plaintiffs to possess themselves of these chattels, and as to them, the appellate court did not affirm the judgment, but reversed it.
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Appeal by defendants from judgment entered on verdict of jury against them. The action was against the defendants as sureties, on an undertaking given upon an appeal from a judgment in an action of claim and for delivery of personal property. The facts appear in the opinion. The only question in the case, was as to the right of plaintiffs to possess themselves of these chattels, and as to them, the appellate court did not affirm the judgment, but reversed it. It cannot therefore be said, as to these sureties, that their engagement to pay any judgment ever enured to the benefit of the…
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
The decision of this appeal must rest solely upon the determination of questions of law that are pertinent to exceptions taken upon the trial. There was no request to go to the jury upon an issue of fact. Both sides asked for a direction of a verdict. Although the defendants excepted to the direction that was made in favor of the plaintiff, that exception was not upon the ground that there was a question of fact for the jury, because the defendants contemporaneously demanded a direction in their own favor, which implied that there was no dispute of fact.
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2Cases cited4 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Manning v. . GouldNew York Court of Appeals · 1882
- Barnett v. . SellingNew York Court of Appeals · 1877
- Seacord v. MorganNew York Court of Appeals · 1867