South Bay Company v. . Howey
New York Court of Appeals
Appeal from a judgment entered May 24, 3906, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directed judgment upon such verdict. The plaintiff is a foreign corporation. It was incorporated pursuant to the laws of the state of New Jersey.
Read the full summary
Appeal from a judgment entered May 24, 3906, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directed judgment upon such verdict. The plaintiff is a foreign corporation. It was incorporated pursuant to the laws of the state of New Jersey. The complaint in substance alleges that the defendant and other persons therein named on the 21st day of August, 3.902, made and delivered to the plaintiff a policy of insurance under the name and style of…
1DissentO’Brien, J.
This court has no jurisdiction to hear this appeal upon the record now before us and thea2ipe„al should be dismissed.
The reasons for this conclusion I will now state in as brief a manner as possible.
The jurisdiction of this court is limited to questions of law arising upon settled facts or upon exceptions. Unless the facts are settled by the verdict of a jury or the findings of Some court it is not within the 2)roviuce of this court to grope through the evidence and [hck up a statement or a circumstance here and there and find the facts for itself like a court of original jurisdiction. If no…
2Cases cited2 opinions
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Jaycox v. . CameronNew York Court of Appeals · 1872