Rand v. Iowa Central Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ezekiel O. H. Rand, 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 29th day of January, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, questions of fact having theretofore been submitted to a jury, and a verdict having been rendered in favor of the plaintiff; and also (as stated in the notice of appeal)…
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Appeal by the plaintiff, Ezekiel O. H. Rand, 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 29th day of January, 1904, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term, questions of fact having theretofore been submitted to a jury, and a verdict having been rendered in favor of the plaintiff; and also (as stated in the notice of appeal) from two orders entered in said clerk’s office on the 15th day of January, 1904, and on the 26th day of January, 1904,…
1Opinion of the Court
Laughlin, J.:
This is an action to recover $2,000 for services upon a quantum meruit. At the close of the evidence counsel for defendant moved for a dismissal of the complaint. The court reserved decision of the motion and submitted the case to the jury. A verdict was rendered in favor of the plaintiff for the entire amount claimed. We regard the verdict as against the weight of the evidence, but that view would require that the verdict be set aside and a new trial be awarded. This was not done by the trial court, but, as already appears, the motion to dismiss the complaint was granted after…
2Cases cited2 opinions
- Hampton v. RouseSupreme Court of the United States · 1875
- Sutherland v. DavisIndiana Supreme Court · 1873
3Cited by5 opinions
- Rand v. SageSupreme Court of Minnesota · 1905
- Fuller v. JamesonAppellate Division of the Supreme Court of the State of New York · 1904
- Hooker v. PetersonTennessee Supreme Court · 1918
- Morgan v. OwnbeySuperior Court of Delaware · 1923
- Juden v. NebhamMississippi Supreme Court · 1912