Van Derlip v. . Keyser
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. This action was upon an account. At the close of the evidence on the trial, defendants’ counsel moved for a dismissal of the complaint. ISTo decision of this motion was made at the time.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. This action was upon an account. At the close of the evidence on the trial, defendants’ counsel moved for a dismissal of the complaint. ISTo decision of this motion was made at the time. The referee subsequently made his report in the ordinary form, with findings of fact adverse to plaintiff; and, as a conclusion of law, found “ that the complaint in this action be dismissed.” Plaintiff duly excepted to the findings…
1Opinion of the CourtMiller, J.
The motion made to dismiss the plaintiff’s complaint at the close of the case was not passed upon at the time when presented, and the referee finally reported upon the entire case adversely to the plaintiff upon the facts and found as a conclusion of law that the complaint be dismissed. The plaintiff’s counsel duly excepted to the findings of fact and to the conclusions of law, and it is now claimed by the counsel for the appellant that the decision of the referee is to be regarded the same as if a motion had been made for a nonsuit, without weighing any contradictory evidence, and if, upon…
2Cases cited1 opinion
- Scofield v. . HernandezNew York Court of Appeals · 1872
3Cited by9 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Columbia Bank v. Gospel Tabernacle ChurchNew York Court of Appeals · 1891
- Woodbridge v. First National BankNew York Court of Appeals · 1901
- Lugar v. ByrnesNew York Supreme Court · 1892
- Cohen v. PlonskyNew York Supreme Court · 1891
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