New York Evening Journal Publishing Co. v. William F. Simpson Advertising Agency
City of New York Municipal Court
Action by the New York Evening Journal Publishing Company against the William E. Simpson Advertising Agency. Motions to direct a verdict for plaintiff and to set aside a verdict for defendant. Denied.
1Opinion of the CourtWadhams, J.
Motions are made to direct a verdict in favor of the plaintiff and to set aside a verdict rendered in favor of the defendant. The authorities cited by the plaintiff to the effect that it must be held as a matter of law, where both parties are of equally good character and alike unimpeached, and as witnesses contradict each other directly upon a question of fact, and their testimony is totally irreconcilable, in the absence of other testimony the case will *859stand evenly balanced, and the complaint or defense must be dismissed, are overruled. Language similar to that quoted may be found in…
2Cases cited11 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Losee v. MoreyNew York Supreme Court · 1865
- Philips v. PhilipsAppellate Division of the Supreme Court of the State of New York · 1902
- Campbell Printing Press & Manuf'g Co. v. YorkstonNew York Court of Common Pleas · 1895
- Stevens v. TraskNew York Court of Common Pleas · 1892
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