Randolph v. . Loughlin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial district, reversing a judgment in favor of the plaintiff entered upon a verdict and reversing an order denying a new trial, and granting a new trial. The action was upon a promissory note alleged to have been executed by defendant John Loughlin; defendant denied the making of the note. The facts are sufficiently stated in the opinion.
1Opinion of the Court
The sole controversy upon the trial of this action was whether the respondent executed the note in suit, or whether his signature to it was a forgery. Upon this question there was very little, if any, competent evidence showing that he executed the note, and the evidence was very strong that he did not.
The Special Term was authorized to review the findings of the jury upon questions of fact under section 256 of the Code, and, upon the appeal to the General Term from the order of the Special Term, the General Term had the same authority. But if the General Term granted a new trial upon…
2Cases cited3 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Van Wyck v. . McIntoshNew York Court of Appeals · 1856
- Dubois v. . BakerNew York Court of Appeals · 1864
3Cited by8 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Miles v. . LoomisNew York Court of Appeals · 1878
- Geer v. Missouri Lumber & Mining Co.Supreme Court of Missouri · 1896
- People v. ParkerMichigan Supreme Court · 1887
- Thompson v. FreemanSupreme Court of Florida · 1933
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