Duryea v. . Vosburgh
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 2, 1888, which affirmed a judgment in favor of defendant and affirmed an order denying a motion for a new trial.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 2, 1888, which affirmed a judgment in favor of defendant and affirmed an order denying a motion for a new trial. The plaintiffs brought this action against the defendant to recover some $6,000. The complaint alleges in substance that the defendant and one Peck were copartners in business in the city of Brooklyn, and that the plaintiffs, desiring to purchase Peck’s interest, employed the defendant as their agent to purchase the same at the lowest cash price, which he…
1Opinion of the CourtPeckham, J.
The counsel for the plaintiff contends that this court has the power, in a case like the present, to review the determination of the General Term in affirming the order denying the motion for a new trial, made upon the judge’s minutes, which motion was made upon the ground that the verdict was against the evidence. He claims that the motion on such ground raised a question of law, and that if it should have been granted, the courts below have made an error in the decision of a question of law, which this court should correct. He cites, as an authority for his proposition, Walker v. Spencer…
2Cases cited4 opinions
- Standard Oil Co. v. . Amazon Ins. Co.New York Court of Appeals · 1880
- Murray v. SmithThe Superior Court of New York City · 1853
- Brague v. . LordNew York Court of Appeals · 1876
- Walker v. . SpencerNew York Court of Appeals · 1881
3Cited by9 opinions
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Hecla Powder Co. v. . Sigua Iron Co.New York Court of Appeals · 1899
- McIver v. KatsiolisSupreme Court of Oklahoma · 1923
- Constantin Refining Co. v. Thwing Instrument Co.Supreme Court of Oklahoma · 1919
- Hughes v. . BinghamNew York Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.