Chrystie v. Foster
Court of Appeals for the Second Circuit
This is a writ of error by the defendants in the court below to review a judgment for the plaintiff. rendered npon the verdict of a jury by the direction of the court. The plaintiff sued as receiver of the Oheyenne National Bank to recover the sum of $10,000 and interest, as the balance of an account due to the barde from the defendants.
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This is a writ of error by the defendants in the court below to review a judgment for the plaintiff. rendered npon the verdict of a jury by the direction of the court. The plaintiff sued as receiver of the Oheyenne National Bank to recover the sum of $10,000 and interest, as the balance of an account due to the barde from the defendants. At the dose of the evidence on the trial, both parties requested the court to direct a verdict, and neither party asked to go to the jury upon any quest ion of fact.
1Opinion of the Court
WALLACE, Circuit Judge.
The principal question raised by the assignment of errors is whether the trial judge erred in refusing to,direct a verdict for the plaintiff. Where; the defendant excepts to the direction of a verdict for the plaintiff, but makes no request to go to the jury, he cannot he heard to assail the judgment upon the ground that there were questions of fact for the jury. Provost T. McEncroe, 102 N. Y. 650, 5 N. E. 795. Where both parties move for the direction of a verdict, and neither requests any question of fact to be submitted to the jury, they concede that there is no…
2Cases cited6 opinions
- West St. Louis Savings Bank v. Shawnee County BankSupreme Court of the United States · 1877
- Kirtz v. . PeckNew York Court of Appeals · 1889
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Anderson v. KissamU.S. Circuit Court for the District of Southern New York · 1888
- Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Phenix Ins. v. KerrCourt of Appeals for the Eighth Circuit · 1904
- Park Hotel Co. v. Fourth Nat. Bank of St. LouisCourt of Appeals for the Eighth Circuit · 1898
- Hier v. MillerSupreme Court of Kansas · 1904
- Stanford v. McGillNorth Dakota Supreme Court · 1897
- Buckbee v. P. Hohenadel, Jr., Co.Court of Appeals for the Seventh Circuit · 1915
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