Carp v. Kaplan

This action to recover damages for breach of contract was tried before a jury. At the close of the evidence the counsel for the defendant submitted to the judge among other requests for rulings this: “Upon all the evidence the plaintiff is not entitled to recover.” This was *228in substance a motion for a directed verdict in favor of the defendant, and it was commingled with other requests for instructions to the jury. It is manifest that this was not in accordance with the part of Rule 44 of the Superior Court (1923) which requires that “ The question whether the court should order a verdict…