Lasette v. Parke
City of New York Municipal Court
Appeal from a judgment in favor of plaintiffs, rendered upon a verdict directed by the court at Trial Term, and from an order denying defendant’s motion for a new trial.
1Opinion of the CourtDelehanty, J.
At the opening of the trial defendant moved for a dismissal of the complaint, for failure to state facts sufficient to constitute a cause of action. This was denied and renewed again when the evidence was all in. That motion was again denied. Defendant then asked that a verdict be directed in his favor. Neither party asked to have any question of fact submitted to the jury. It is well settled that in such a case, where the party whose request is denied does not thereupon request to go to the jury upon the facts, a verdict directed for the other party stands as would the finding of a jury for…
Also in this document: Concurrence.
2Cases cited3 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Erie County Savings Bank v. . CoitNew York Court of Appeals · 1887
- Fogarty v. HookNew York Supreme Court · 1895