Hilgert v. Black
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Matthew Hilgert against Archibald P. Black. From a judgment of the City Court for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtFreedman, P. J.
The stipulation in this case waiving certification by the clerk as to the particulars therein recited does not include a waiver of a certificate or other statement that the case as ' filed contains all the evidence adduced at the trial. In the absence of such a certificate or statement, this court will not inquire whether the verdict is contrary to the evidence or against the weight of evidence. See Empire Trust Co. v. Devlin (decided at the present term of this court) 90 N. Y. Supp. 1066, and authorities there cited.
Defendant’s exceptions are untenable. The case was one for the jury. This…
2Cases cited1 opinion
- Empire Trust Co. v. DevlinAppellate Terms of the Supreme Court of New York · 1904