Carlisle v. . Norris
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 24, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff had a clear right to have the truth of Graham’s statement passed on by the jury, which was at liberty to discredit it.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 24, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff had a clear right to have the truth of Graham’s statement passed on by the jury, which was at liberty to discredit it. (Elwood v. West. Union Tel. Co., 45 N. Y. 549; Wohlfahrt v. Beckert, 92 N. Y. 490; Kavanagh v. Wilson, 70 N. Y. 177; Koehler v.…
1Opinion of the CourtHiscook, J.
This action was brought to recover a substantial sum of money on the theory that the defendants had sold 200 shares of stock belonging to the plaintiff and had received the proceeds thereof to and for his benefit and had then refused to pay the same over upon demand. The plaintiff recovered judgment at the Trial Term, but the Appellate Division reversed this judgment and directed judgment upon the entire case for the defendants. The latter, therefore, in order to sustain this disposition of the case must establish that there was no evidence which presented a question of fact in favor of…
2Cases cited21 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Becker v. . KochNew York Court of Appeals · 1887
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
16 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- People v. SchwartzmanNew York Court of Appeals · 1969
- Provost v. United StatesSupreme Court of the United States · 1926
- Worms v. BankAmerica InternationalNew York Court of Appeals · 1991
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Hanrahan v. . New York Edison Co.New York Court of Appeals · 1924
28 more not listed; retrieve them via the Exa API.