Legal Opinion
Cohen v. Moshkowitz
Appellate Terms of the Supreme Court of New York
Decided June 15, 1896PublishedCited by 5 opinions
Appeal by plaintiff from judgment of the Fifth District Court in favor of defendant.
1Opinion of the CourtMcAdam, J.
The parties must be held concluded by the manner in which' they tried the cause. Neither side asked that the cause be submitted to the jury; on the contrary, both requested the direction of a verdict; whereupon the justice directed one in favor of the defendant. By asking for the direction the parties virtually consented to the determination by the justice of the questions involved, as if the trial had been without a jury. Kirtz v. Peck, 113 N. Y. 223, 226; Thompson v. Simpson, 128 id. 270; Rogers, v. Hardy, 14 Misc. Rep. 220.
In order to reach the result arrived at by him the justice must…
2Cases cited4 opinions
- Faulkner v. . HartNew York Court of Appeals · 1880
- McConihe v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Niblo v. BinsseNew York Court of Appeals · 1864
- Rogers v. HardyNew York City Court · 1895
3Cited by5 opinions
- Kafka v. LevensohnAppellate Terms of the Supreme Court of New York · 1896
- Guenther v. AmsdenAppellate Division of the Supreme Court of the State of New York · 1897
- F. & L. Manufacturing Co. v. Jomark, Inc.Appellate Terms of the Supreme Court of New York · 1929
- City Wide Knitwear Processing Co. v. Compuknit Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Guenther v. AmsdenAppellate Division of the Supreme Court of the State of New York · 1897