Meislahn v. Irving National Bank
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, the Irving National Bank, for a reargument of an appeal taken by it from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of February, 1901, denying the defendant’s motion for a new trial made upon the minutes; or, in the alternative, to amend the…
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Motion by the defendant, the Irving National Bank, for a reargument of an appeal taken by it from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of February, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of February, 1901, denying the defendant’s motion for a new trial made upon the minutes; or, in the alternative, to amend the order of affirmance. The opinion delivered upon the appeal is reported in 62 Appellate Division, 231.
1Opinion of the Court
Laughlin, J.:
The motion for reargument is made upon the ground that the court did not pass upon appellant’s contention that the verdict is *245against the weight of evidence, or upon its exception to the denial by the trial court of its motion for a direction of a verdict.
The appeal was submitted upon printed briefs without argument. One of the points made and discussed at length by the appellant was that the verdict was against the weight of the evidence. Hpon the trial defendant made a motion for a nonsuit at the close of the plaintiff’s case, and a motion for the direction of a verdict at the…
2Cases cited4 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Gorham Manufacturing Co. v. SealeAppellate Division of the Supreme Court of the State of New York · 1896
- Flood v. CainNew York Supreme Court · 1894
- Revelski v. DroeschAppellate Division of the Supreme Court of the State of New York · 1896