Green v. Shute
New York Court of Common Pleas
Appeal from city court, general term. Action by Shirley J. Green against Sbah B. Shute, impleaded with Charles O. Bailey. Defendant Shute appeals from an order of the general term of the city court dismissing, with costs, an appeal from an order of the special term of said court denying defendant’s motion to resettle the case on his appeal from the judgment in this action.
1Opinion of the CourtDaly, J.
It appears from the affidavits read upon the motion for a resettlement that, after the defendant had rested, he having the affirmative, plaintiff asked for the direction of a verdict in his favor, and defendant asked to go to the jury on the question of the loan; that the court intimated that there was sufficient to submit to the jury on that question; that defendant then asked for the direction of a verdict in his favor upon the question of payment, and the plaintiff thereupon renewed his motion for the direction of a verdict in his favor, which the court granted. ' On settling the case the…
2Cases cited1 opinion
- Koehler v. . AdlerNew York Court of Appeals · 1879
3Cited by3 opinions
- Lippus v. Columbia Watch Co.New York Supreme Court · 1889
- Tuthill v. HusseyNew York Supreme Court · 1889
- Watson v. MortonAppellate Division of the Supreme Court of the State of New York · 1941