Legal Opinion

Washington Finance Corp. v. Samuels

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1928PublishedCited by 2 opinions

1Opinion of the Court

Judgment reversed upon the law and a new trial granted, costs to abide the event. It was error to refuse to grant the defendant’s request to submit the questions of fact to the jury. Defendant’s motion for a direction of a verdict *673did not bar his receding from that motion and requesting a submission of the question of fact to the jury. (Happel v. Lehigh Valley Railroad Co., 210 App. Div. 461; Scott v. Empire State Degree of Honor, 204 id. 530; Kinner v. Whipple, 198 N. Y. 585; Brown Paint Co. v. Reinhardt, 210 id. 162.) Lazansky, P. J., Young, Hagarty, Seeger and Carswell, JJ., concur.

2Cases cited2 opinions

  1. Happel v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1924
  2. Kinner v. . WhippleNew York Court of Appeals · 1910

3Cited by2 opinions

  1. MacIvor v. SchwartzmanAppellate Division of the Supreme Court of the State of New York · 1929
  2. Warshow v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938