Legal Opinion

Seaward v. Tasker

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1915PublishedCited by 2 opinions

Appeal by the plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 9th day of September, 1913, which said judgment was resettled by an order theretofore made in the Supreme Court, entered in said clerk’s office on the 9th day of October, 1913, in favor of the defendant and against plaintiff, dismissing the complaint and awarding the defendant the sum of eighty-six dollars and seventy cents costs and disbursements;…

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Appeal by the plaintiff from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 9th day of September, 1913, which said judgment was resettled by an order theretofore made in the Supreme Court, entered in said clerk’s office on the 9th day of October, 1913, in favor of the defendant and against plaintiff, dismissing the complaint and awarding the defendant the sum of eighty-six dollars and seventy cents costs and disbursements; also from an order entered in said clerk’s office on the 5th day of September, 1913, denying- plaintiff’s motion for a…

1Per curiam

While the record and briefs are voluminous the questions involved in this controversy are few and simple, as we view the case. We need not determine the question of practice, as to whether the trial judge had the right to grant the nonsuit and dismiss the complaint upon the merits, after he had directed a verdict for the plaintiff, because we have reached the conclusion that questions of fact are presented by the evidence which should have been submitted to the jury and require the granting of a new trial. We are of the opinion that whatever of the property is covered by the 3d clause of the…

2Cases cited3 opinions

  1. Seaward v. . DavisNew York Court of Appeals · 1910
  2. Tuthill v. DavisAppellate Division of the Supreme Court of the State of New York · 1907
  3. Seaward v. DavisAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by2 opinions

  1. Cardinale v. GolinelloNew York Court of Appeals · 1977
  2. People v. De FreeseAppellate Division of the Supreme Court of the State of New York · 1979

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