German-American Bank v. Schwinger
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, The German-Ameriean Bank of Tonawanda, New York, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant rendered by direction of the court, after a trial at the Erie Trial Term.
Read the full summary
Motion by the plaintiff, The German-Ameriean Bank of Tonawanda, New York, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the defendant rendered by direction of the court, after a trial at the Erie Trial Term. This action, which was commenced on the 9th day of January, 1901, was brought to recover the sum of $10,000 on a bond for that amount executed by the defendant and others on the 31st day of January, 1895, and delivered to the-plaintiff as a continuing security for the payment,…
1Opinion of the Court
Adams, P. J.:
The effect of the request made by both parties for the direction of a verdict was to clothe the trial court with the functions of a jury, and as a consequence all controverted and inferable facts must, for the purposes of this review be deemed established in favor of the defendant. (Thompson v. Simpson, 128 N. Y. 270; Westervelt v. Phelps, 171 id. 212.)
It so happens, however, that in this particular case there is but little controversy respecting its leading facts, which so far as essential to the disposition of the legal questions involved may be thus stated:
Edward G. Riesterer,…
2Cases cited4 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Second National Bank v. . BurtNew York Court of Appeals · 1883
- J.H.M.L. Ins. Co. v. . LowenbergNew York Court of Appeals · 1890
- Brown v. MasonAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937