Porter v. Lobach
The Superior Court of New York City
This action comes before the Court, on a verdict taken subject to its opinion at General Term, with power to the Court to render a judgment for such amount as it may deem the plaintiff entitled to, or to set aside the verdict, and order a dismissal of the complaint, or a judgment for the defendant. Either party to be at liberty to turn the case into a bill of exceptions.
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This action comes before the Court, on a verdict taken subject to its opinion at General Term, with power to the Court to render a judgment for such amount as it may deem the plaintiff entitled to, or to set aside the verdict, and order a dismissal of the complaint, or a judgment for the defendant. Either party to be at liberty to turn the case into a bill of exceptions. The verdict was taken, in form, in favor of the plaintiff, for $2000, being a larger amount than he claims to be entitled to recover. The plaintiff sues as assignee of William Burger & Co., to re cover a balance alleged to be…
1Opinion of the Court
By the Court. Bosworth, J.—
This action should not have been concluded, at the trial, by taking a verdict on the whole evidence, for the plaintiff, subject to the opinion of the Court at General Term, unless there are no material portions of it which conflict with each other, and the whole leaves no doubt, as to the facts established by it.
But, having heard the cause argued at length, on the case made, we shall proceed to dispose of it, in accordance with our views of the effect of the evidence given at the trial:—
It is obvious that Tripler was not a member of the firm of William Burger & Co.,…
2Cases cited3 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1836
- Church v. SparrowNew York Supreme Court · 1830
3Cited by3 opinions
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Mason v. BreslinThe Superior Court of New York City · 1870
- Mason v. BreslinThe Superior Court of New York City · 1870