Lancaster v. Knight
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Robert A. Lancaster and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of February, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office, on the 5th day of March, 1902, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
At the close of the testimony counsel for the plaintiffs asked, the court to direct a verdict for the plaintiffs. This motion was denied upon the ground that there was a question of fact as to whether the judgment which the plaintiffs had obtained against the Metropolitan Messenger Company had been paid. The court submitted that question to the jury, saying: “ If the note was actually paid, and the parties have such interest as to distort and have distorted the transaction, then you will find a verdict for the defendant. If, on. the other hand, the note has never been paid, if it…
2Cases cited1 opinion
- Hallett v. Metropolitan Messenger Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Vandeweghe v. City of New YorkNew York Supreme Court · 1934
- Davidson v. WitthausAppellate Division of the Supreme Court of the State of New York · 1905
- Lang v. LutzAppellate Division of the Supreme Court of the State of New York · 1903