Kirschbaum v. . Eschmann
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1911, affirming a judgment in favor of plaintiffs entered upon a verdict directed hy the court. The nature of the action and the facts, so far as material, are stated in the opinion. The denials in the answer herein are sufficient.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1911, affirming a judgment in favor of plaintiffs entered upon a verdict directed hy the court. The nature of the action and the facts, so far as material, are stated in the opinion. The denials in the answer herein are sufficient. (E. A. Co. v. Mittenthal, 194 N. Y. 473; Thompson v. Wittkop, 184 N. Y. 117.) The objection to the insufficiency of a defense may he taken at the trial. (Ampersand Hotel Co. v. Home Ins. Co., 198 N. Y. 497; Staten Island v. Hinchcliffe, 170…
1Opinion of the CourtWerner, J.
The question presented on this appeal is whether "the defendant’s answer raises any issues which the defendant- has the right to have submitted to the jury. At Trial Term the plaintiffs moved for judgment upon the pleadings and their motion was granted. The defendant asked to go to the jury upon the issues which he claimed were raised by his answer, and this motion was denied. Upon the exceptions taken to these rulings, the defendant took an appeal to the Appellate Division where the decision of the Trial Term was affirmed. Concretely stated, the question is whether the answer, either in its…
2Cases cited3 opinions
- Dahlstrom v. . GemunderNew York Court of Appeals · 1910
- Jones v. . LudlumNew York Court of Appeals · 1878
- Thompson v. . WittkopNew York Court of Appeals · 1906
3Cited by47 opinions
- General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
- Harley v. . PlantNew York Court of Appeals · 1914
- Halbe v. AdamsAppellate Division of the Supreme Court of the State of New York · 1916
- Schnibbe v. GlenzNew York Court of Appeals · 1927
- D. & G. Girl Coat Co. v. KafkaAppellate Division of the Supreme Court of the State of New York · 1926
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