Legal Opinion · Dissent

Manchester v. Van Brunt

New York Court of Common Pleas

Decided February 6, 1893Published

Appeal from city court, general term. Action by George N. Manchester and others against Thomas C. Van Brunt, impleaded with E. 0. Butcher, on a promissory note. From a judgment of the general term affirming a judgment for plaintiffs, defendant appeals.

1Dissent

BISCHOFF, J.,

(dissenting.) No appeal lies to this court from an order of the city court of New York, which refuses a new trial, and we are therefore authorized to review the judgment only upon due exception taken at the trial. Code Civil Proc. § 3191; Wilmore v. Flack, 96 N. Y. 512; Smith v. Pryor, (Com. Pl. N. Y.) 9 N. Y. Supp. 636. At the close of the testimony for both parties, defendant’s counsel asked that a verdict be directed for defendant; and the exception taken to the denial of this motion presents error, for which the judgment must be reversed.

in substance, the agreement of the…

2Cases cited13 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
  3. Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
  4. Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
  5. Austin v. . HollandNew York Court of Appeals · 1877

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