Legal Opinion
Yale v. Dart
New York Court of Common Pleas
Decided January 15, 1891PublishedCited by 4 opinions
The action was brought by Edward P. Yale and others, against Henry C. Dart and others, acceptors o£ a draft drawn by Carlos A. Smith. The defence was that the acceptance was without consideration, and made solely for the plaintiff’s accommodation.
1Opinion of the CourtPryor, J.
Independently of the allegations of error affecting the merits of the action, we are of opinion that the record discloses an error of the court in the conduct of the trial, which necessarily involves a reversal of the judgment.
On the conclusion of the evidence this occurred:
“ Plaintiffs’ counsel—I ask your Honor to direct a verdict for the plaintiffs upon the testimony.
“ Motion denied.
“ Plaintiffs except.
“ Plaintiffs’ counsel thereupon addressed the jury, summing up on behalf of the plaintiffs.
“Defendants’ counsel: I ask your Honor to direct a verdict for the defendants on the ground that the…
2Cases cited46 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Muller v. . McKessonNew York Court of Appeals · 1878
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Winchell v. . HicksNew York Court of Appeals · 1859
- Koehler v. . AdlerNew York Court of Appeals · 1879
41 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tilden v. AitkinAppellate Division of the Supreme Court of the State of New York · 1899
- Hall Steam Power Co. v. Campbell Printing Press & Manufacturing CoThe Superior Court of New York City · 1893
- Hall Steam-Power Co. v. Campbell Printing Press & Manufacturing Co.The Superior Court of the City of New York and Buffalo · 1893
- Lippus v. Columbia Watch Co.New York Supreme Court · 1889