Kinner v. Whipple
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maggie Kinner, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Washington on the 30th day of September, 1907, upon the verdict of a jury, rendered by direction of the . court, dismissing the complaint upon the- merits.
Read the full summary
Appeal by the plaintiff, Maggie Kinner, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Washington on the 30th day of September, 1907, upon the verdict of a jury, rendered by direction of the . court, dismissing the complaint upon the- merits. This action was brought to recover the liquidated damages provided in a written instrument dated April '21, 1900, wherein the plaintiff sold to the defendants all the marketable pine and red and black oak timber, of a certain size, then standing and growing upon about 400 acres of…
1Opinion of the Court
Sewell, J.:
One of the questions presented by this appeal is whether the plaintiff' is precluded by the record from now raising the question that the court erred in not submitting any question of fact to the jury-
The rule is that where neither party requests to have any question of fact submitted to'the jury, but each asks that a verdict be directed in his favor, they waive their right to go to the jury and consent that the court shall decide every question of fact in the case. As was said by Judge Andrews in Thompson v. Simpson (128 N. Y. 283), “ The effect of a request by each party for a…
2Cases cited8 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Walsh v. Washington Marine InsuranceNew York Court of Appeals · 1865
- Clark v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harasymczuk v. Massachusetts Accident Co.New York Supreme Court · 1926
- Charles H. Brown Paint Co. v. ReinhardtNew York Court of Appeals · 1914
- In re Proving the Last Will & Testament of JacobsteinAppellate Division of the Supreme Court of the State of New York · 1938
- Misner v. KuchenreutherAppellate Division of the Supreme Court of the State of New York · 1925
- Beatty v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1916
2 more not listed; retrieve them via the Exa API.