Carroll v. O'Shea
New York Court of Common Pleas
Appeal from city court, general term. Action by David H. Carroll against Ann T. O’Shea to recover broker’s commissions for the sale of real estate. From a judgment of the general term of the city court (19 N. Y. Supp. 374) affirming a judgment for plaintiff, entered on the verdict of a jury, defendant appeals. Affirmed.
1Opinion of the CourtBischoff, J.
Neither of defendant’s exceptions to the admission of evidence is available on appeal, because the ground of the objection is not stated. Cruikshank v. Gordon, 118 N. Y. 178, 23 N. E. Rep. 457.
Any defect in the proof when plaintiff rested could be and was cured by evidence adduced by either party after denial of defendant’s motion for dismissal of the complaint, (Plank Road Co. v. Thatcher, 11 N. Y. 102, 112; Tiffany v. St. John, 65 N. Y. 315, 317; Painton v. Railroad Co., 83 N. Y. 7;) and defendant’s failure to renew the motion, or to ask that a verdict be directed in his favor, conceded…
2Cases cited5 opinions
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Painton v. . Northern Cent. Railway Co.New York Court of Appeals · 1880
- Wilmore v. . FlackNew York Court of Appeals · 1884
3Cited by8 opinions
- Myers v. CohnNew York Court of Common Pleas · 1893
- Dearing v. PearsonNew York Court of Common Pleas · 1894
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Frankel v. WolfNew York Court of Common Pleas · 1894
- Curtis v. Saddlery Hardware Manufacturing Co.New York Court of Common Pleas · 1894
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