Arthur v. Wright
New York Supreme Court
Exceptions from circuit court, Erie county. Action by Charles H. Arthur and others against Alfred P. Wright and others. The complaint was dismissed, and plaintiffs move for a new trial on exceptions, which motion is heard at the general term in the first instance.
1Opinion of the CourtMacombeb, J.
Counsel for the respective parties at the close of the evidence asked the court to withdraw the case from the consideration of the jury and to direct a verdict. The only question, therefore, is whether, upon any reasonable view which may be taken of the facts of the case, the judgment can be sustained. If there be contradictory evidence, or if contrary inferences can be drawn reasonably from the uncontradicted facts, we must assume that the version thereof which leads to an affirmance of the judgment is correct. Fargo v. Milburn, 100 N. Y. 96, 2 N. E. Rep. 278; Kirtz v. Peck, 113 N. Y. 226,…
Also in this document: Concurrence.
2Cases cited4 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Colt v. . OwensNew York Court of Appeals · 1882
- Tobias v. . LissbergerNew York Court of Appeals · 1887
3Cited by8 opinions
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- In re Compel an Accounting in the Estate of VaretAppellate Division of the Supreme Court of the State of New York · 1918
- Hinds v. KelloggNew York Court of Common Pleas · 1891
- Kaiser v. United Railways Co.Missouri Court of Appeals · 1911
- G. H. Hammond Co. v. Diego Agüeros & Co.Supreme Court of Puerto Rico · 1922
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