Fuld v. Burr Brewing Co.
New York Court of Common Pleas
Appeal from city court, general term. ' Action by Samuel Fuld and another against the Burr Brewing Company, upon a guaranty of a lease. The leased premises were occupied by defendant’s -customers, and contained fixtures mortgaged to it. Judgment for defendant. Plaintiffs appeal.
1Opinion of the CourtPryor, J.
The appeal being from the judgment only, we have no authority to review the facts, or to determine the preponderance of conflicting evidence; but our jurisdiction is limited to a consideration of questions of law .duly presented by the record. Railroad Co. v. Ebling, 100 N. Y. 98, 2 N. Y. Rep. 878. A question of law, however, is presented by the exception to the dismissal of the complaint; and, as the appellant made no motion for a -direction in his favor, the contention is available to him that the evidence required the submission of issues of fact to the jury. Clemence v. City of Auburn, 66…
2Cases cited12 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Becker v. . KochNew York Court of Appeals · 1887
- Bagley v. . BoweNew York Court of Appeals · 1887
- Trustees of East Hampton v. . KirkNew York Court of Appeals · 1877
- Clemence v. . City of AuburnNew York Court of Appeals · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Holm v. Claus Lipsius Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- H. Koehler & Co. v. ReinheimerAppellate Division of the Supreme Court of the State of New York · 1898
- H. Koehler & Co. v. ReinheimerAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Certificate of Incorporation of German Jewish Children's Aid, Inc.New York Supreme Court · 1934
- Aaronson v. David Mayer Brewing Co.City of New York Municipal Court · 1899
1 more not listed; retrieve them via the Exa API.