Martin v. Wermann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank P. Martin,, from a judgment of the County Court of Kings county in favor of the defendant,, entered in the office of the clerk of the county of Kings on the 4th day of February, 1904, upon the dismissal of the complaint by direction of the court after a trial at a Trial Term of said County Court.
1Opinion of the Court
Hirschberg, P. J.:
The appeal is from a judgment dismissing the complaint upon the merits at the close of the plaintiff’s case. The Case was not.su bmitted to the learned-trial court for a decision upon the 'merits, and as it was tried before the court and a jury it should have been submitted to. the jury for determination unless the plaintiff’s proof entirely failed, in which event a nonsuit should have been granted.
There was evidence requiring submission of the case to the jury.' *483The action is for damages for the violation of an agreement made by the defendant for the sale of real estate. On…
2Cases cited3 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- McQuillen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1902
- Pullich v. CaseyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Brand v. NagleAppellate Division of the Supreme Court of the State of New York · 1907
- Tanenbaum v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908
- Quereau v. Lehigh Valley R.District Court, N.D. New York · 1918