Jospe v. Danis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles EL. Danis, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 27th day of April, 1909, upon the verdict of a jury; also from an order entered in said clerk’s office on the 26th day of May, 1909, denying the defendant’s motion for a new trial made tipon the minutes, and also from an order made at the Kings County Special Term and entered in the office of the clerk…
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Appeal by the defendant, Charles EL. Danis, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Nassau on the 27th day of April, 1909, upon the verdict of a jury; also from an order entered in said clerk’s office on the 26th day of May, 1909, denying the defendant’s motion for a new trial made tipon the minutes, and also from an order made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau nunc pro tunc as of the 29th day of January, 1910, denying the defendant’s motion fora new trial…
1Opinion of the Court
Burr, J.:
At the opening of the case, and before any testimony was introduced, defendant moved to dismiss the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. At the close of plaintiffs’ case a motion for a nonsuit was made. The denial of these motions constitutes reversible error, for the reason that it affirmatively appears that, as against defendant, plaintiffs were not the owners of the property which constitutes the subject-matter of this action, and for the conversion of which defendant has been held in damages. The complaint" alleges and…
2Cases cited6 opinions
- Brown v. . VolkeningNew York Court of Appeals · 1876
- Wood v. . ChapinNew York Court of Appeals · 1856
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Webster v. Van SteenberghNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- O'Neill v. Lola Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Wachovia Bank, N.A. v. SwentonAppellate Division of the Supreme Court of the State of New York · 2015
- Berkowitz v. DamNew York Supreme Court · 1923