Eisinger v. E. J. Murphy Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal "from a judgment of the Supreme Court of the District of Columbia, on verdict, in. an action of debt on a written order.
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Hearing on an appeal "from a judgment of the Supreme Court of the District of Columbia, on verdict, in. an action of debt on a written order. Tbe Court in tbe opinion stated tbe facts as follows: Appellant Walter G. Eisinger, defendant below, appealed from tbe judgment rendered against him upon the following order: Washington, D. C., Feb. 17, 1915. Mr. W. G. Eisinger, Agent for Harry Lambros and Louis Kanelopoulos: Kindly pay to the order of E. J. Murphy Company tbe sum of Four Hundred and Seventeen Dollars ($417), covering glass and glazing at No. 600 N. Capitol street and No. 3 “E” street…
1Opinion of the CourtJustice Van Orsdel
It is urged that a motion for judgment for a directed verdict, being in the nature of a demurrer to the evidence, admits the validity of the order and forecloses the right of defendant on appeal to challenge the judgment on the ground of his nonliability upon the instrument sued on as matter of law. We are not impressed with this contention. The rule invoked admits the truth of the facts proved, but not matters of law. Hence, defendant’s motion for judgment admitted the competency, of *479the order as evidence in the case, but not the legal interpretation thereof as affecting his liability.
This…
2Cases cited1 opinion
- Kent v. AddicksCourt of Appeals for the Third Circuit · 1903
3Cited by1 opinion
- Southern Supply Co. v. MathiasCourt of Appeals of Maryland · 1925