Fealey v. . Bull
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme, Court in the third judicial department, entered January 10,1898, affirming a judgment in favor of plaintiff ■ entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying the motion for a nonsuit.
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Appeal from a judgment of the Appellate Division of the Supreme, Court in the third judicial department, entered January 10,1898, affirming a judgment in favor of plaintiff ■ entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in denying the motion for a nonsuit. Where the weight of evidence is so decidedly preponderating in favor of one party that a verdict contrary to that preponderance would be set aside on motion, a trial judge should nonsuit or direct a verdict as the…
1Opinion of the CourtCullen, J.
This action was brought by the indorsee against the drawer to recover the amount of a check. The case was submitted to the jury on specific questions of fact, and no general verdict was rendered. The first question was, “ Has the plaintiff satisfied the jury by a fair preponderance of evidence that she has purchased the check in good faith and paid value therefor ? ” This the jury answered in the affirmative. It is not necessary to refer to the disposition of the other question submitted to the jury. On this finding the trial court directed a judgment to be entered for the plaintiff, which…
2Cases cited15 opinions
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Pollock v. . PollockNew York Court of Appeals · 1877
- Mead v. . BunnNew York Court of Appeals · 1865
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Bagley v. . BoweNew York Court of Appeals · 1887
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Mieuli v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- London v. ToneyNew York Court of Appeals · 1934
- Johnson v. HarrisonIndiana Supreme Court · 1912
- Fiddler v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1901
29 more not listed; retrieve them via the Exa API.