Myers v. Rosenback
New York Court of Common Pleas
Action by Frederick S. Myers against Moses S. Bosenback. A judgment of the general term of the city court (31 N. Y. Supp. 993), affirming a judgment in favor of defendant, was affirmed (3á lsT. Y. Supp. 63), and plaintiff moves for leave to appeal to the court of appeals. Denied.
1Per curiam
All the questions which the appellant desires to present to the court of appeals were fully discussed and disposed of upon authority in the opinion at general term, and there seems to be no good reason, within the uniform adjudication in this court, for sending this case to the court of appeals. The point made on this motion that the error in the reception of evidence on the counterclaim may have influenced the jury on the merits of the action cannot be considered, as it was not presented on the appeal by any exception taken at the trial. The plaintiff’s motions at the close of the case for a…
2Cases cited1 opinion
- Bosley v. National MacHine Co.New York Court of Appeals · 1890
3Cited by1 opinion
- Hand v. ShawAppellate Division of the Supreme Court of the State of New York · 1896