Banker v. Knibloe
New York Supreme Court
Appeal from special term, Livingston county. Action by John W. Banker against William E. Knibloe on a promissory note. From an order granting plaintiff’s motion for a new trial on the minutes, after a verdict for defendant by direction of the court at circuit,' defendant appeals.
1Opinion of the CourtDwight, P. J.
At the close of the evidence both parties asked for the direction of a verdict by the court, and neither party asked *1092to go to the jury upon any question in the case. The court thereupon directed a verdict for the defendant, but stayed the entry of judgment, and gave time to the plaintiff to move for a new trial. That motion was afterwards heard at a special term held by the same judge, and the order for a new trial was granted solely upon the ground, as appears from the opinion of the judge, that there was a question of fact in the case which should have been submitted to the jury. The…
2Cases cited5 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Bank of Attica v. Pottier & Stymus Manufacturing Co.New York Supreme Court · 1888
- Reilly v. LeeNew York Supreme Court · 1891
3Cited by2 opinions
- Hogan v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1893
- Hogan v. Manhattan Railway Co.The Superior Court of New York City · 1893