Allen v. . Corn Exchange Bank
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Yovember 20, 1903, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion, for a new trial and granted a new trial.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered Yovember 20, 1903, which reversed a judgment in favor of plaintiff entered upon a verdict and an order denying a motion, for a new trial and granted a new trial. This action was brought to recover one-half of the amount collected by the defendant upon certain checks, drawn to the order of the plaintiff and his brother jointly, the said brother having, without the knowledge of the plaintiff, received the checks, indorsed them in the name of himself and the plaintiff, and deposited them…
1Opinion of the Court
Cüllen, Ch. J.
At the Trial Term the plaintiff recovered a verdict, and thereupon the defendant moved on the judge’s minutes to set aside the verdict and for a new trial upon the exceptions and because the verdict was against the weight of evidence. The defendant’s motion was denied, and thereafter judgment was entered on the verdict. The defendant appealed from the judgment and the order denying its motion for a new trial, and on appeal the Appellate Division reversed such judgment and order, both on questions of law and fact, and granted a new trial. From the order granting a new trial the…
2Cases cited12 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
- Wright v. . HunterNew York Court of Appeals · 1871
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3Cited by8 opinions
- Porges v. United States Mortgage & Trust Co.New York Court of Appeals · 1911
- McKellar v. American Synthetic Dyes, Inc.New York Court of Appeals · 1920
- Wright v. . SmithNew York Court of Appeals · 1913
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Pangburn v. Buick Motor Co.Appellate Division of the Supreme Court of the State of New York · 1912
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