Kingsway Construction Co. v. Metropolitan Life Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Metropolitan Life Insurance Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of April, 1913, denying the defendant’s motion to dismiss the complaint made at the close of plaintiff’s case and also denying his motion for the direction of a verdict made at the close of the whole case.
1Opinion of the Court
Ingraham, P. J.:
This action was at law, the plaintiff demanding judgment for the sum of $10,000 for a breach of a contract to make a loan to be secured by a mortgage on real property. The case came on for trial at Trial Term before the court and a jury. At the end of the testimony the defendant moved for the direction of a verdict, which motion the court reserved without deciding it .and submitted the case to the jury, ordering a sealed verdict on the following morning, April 9, 1913. When the court convened on the following morning the jury was present, but before the announcement was made…
2Cases cited1 opinion
- Brauer v. Oceanic Steam Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by8 opinions
- Fine v. CumminsAppellate Division of the Supreme Court of the State of New York · 1940
- Kramer v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Stevens v. NaumburgAppellate Division of the Supreme Court of the State of New York · 1925
- Flynn v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1946
- Mutual Braid Co. v. JeffersAppellate Terms of the Supreme Court of New York · 1919
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