Keller v. . Halsey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1910, affirming a judgment in favor of defendants entered upon a verdict directed by the court.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1910, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The plaintiff alleged in his complaint that on the third and fourth days of October, 1904, the defendants, acting as his brokers and pursuant to his orders, purchased for him 3,000 shares of the preferred stock of the United States Steel Corporation; that he paid them $2,250 on account and they agreed to advance such further sums as were needed to complete the purchase and…
1Opinion of the CourtVary, J.
The question presented by this appeal is whether upon any reasonable view of the evidence the jury could have found a verdict in favor of the plaintiff for any amount. The answer to that question depends mainly upon the testimony of the plaintiff himself, who was sworn as a witness in his own behalf, and if his testimony was sufficient to make out a prima 'facie case the judgment against him should be reversed, even if the evidence produced in behalf of the defendants strongly tended to require a verdict in their favor. The credibility of the witnesses was for the jury, and by the action of…
2Cases cited1 opinion
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
3Cited by11 opinions
- Henderson, Et Vir. v. UsherSupreme Court of Florida · 1936
- Smith v. . CraigNew York Court of Appeals · 1914
- AM Kidder & Co. v. TurnerSupreme Court of Florida · 1958
- Thompson v. . BailyNew York Court of Appeals · 1917
- Matter of Lawyers Title Guaranty Co.New York Court of Appeals · 1942
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