Charles H. Brown Paint Co. v. Reinhardt
New York Court of Appeals
Appeal from a j udgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 10,1912, affirming a j udgment in favor of plaintiff entered upon a verdict in an action upon a promissory note. The facts, so far as material, are stated in the opinion. The trial court erred in taking the case away from the jury.
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Appeal from a j udgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 10,1912, affirming a j udgment in favor of plaintiff entered upon a verdict in an action upon a promissory note. The facts, so far as material, are stated in the opinion. The trial court erred in taking the case away from the jury. (Koehler v. Adler, 78 N. Y. 287; Shultes v. Sickles, 147 N. Y. 704; Classon v. Baldwin, 152 N. Y. 204; Bendheim v. Herter, 40 App. Div. 462; German-Am. Bank v. Cunningham, 97 App. Div. 244; Kinner v. Whipple, 128 App. Div. 736; Kantrowitz v.…
1Opinion of the CourtMiller, J.
The evidence in this case presented a question of fact whether the note in suit was an accommodation note, indorsed by the defendant, an irregular indorser, for the accommodation of the plaintiff, the payee. There were other issues raised by the pleadings, but no conflict in the evidence relating to them. At the close of the case the following occurred:
Defendant’s counsel: “I renew my motion to dismiss the complaint upon the grounds previously stated. ”
Plaintiff’s counsel: “I move for the direction of a verdict.”
The court: “I will direct a verdict for the plaintiff for the full amount,…
2Cases cited11 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Winchell v. . HicksNew York Court of Appeals · 1859
- Mayer v. . DeanNew York Court of Appeals · 1889
- Second National Bank of Elmira v. WestonNew York Court of Appeals · 1900
- W. P. Fuller & Co. v. SchrenkAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by17 opinions
- Gerard v. Empire Square Realty Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Scott v. Empire State Degree of HonorAppellate Division of the Supreme Court of the State of New York · 1923
- Fire Ass'n of Philadelphia v. MechlowitzCourt of Appeals for the Second Circuit · 1920
- McCall v. First National BankIdaho Supreme Court · 1929
- In re Proving the Last Will & Testament of JacobsteinAppellate Division of the Supreme Court of the State of New York · 1938
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