Meyer v. Campbell
New York Court of Common Pleas
Appeal from city court, general term. Action by William Meyer against Hugh Campbell to recover on a promissory note. A judgment for plaintiff was affirmed by the general term of the city court, and defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
This appeal being from the judgment, and there having been no motion for nonsuit, for the direction of a verdict, or for a new trial, it is beyond our province to inquire into the weight or the sufficiency of the evidence. Schwinger v. Raymond, 105 N. Y. 648, 11 N. E. Rep. 952; Smith v. Pryor, (Com. Pl. N. Y.) 9 N. Y. Supp. 636. Two exceptions to the exclusion of evidence on the trial, however, present error for which the judgment must be reversed. The original complaint alleged that the note in suit was duly protested for nonpayment at maturity, while the amended complaint alleged that…
2Cases cited6 opinions
- Cook v. . BarrNew York Court of Appeals · 1870
- Everson v. CarpenterNew York Supreme Court · 1837
- Williams v. . SargeantNew York Court of Appeals · 1871
- Smith v. PryorNew York Court of Common Pleas · 1890
- Kennedy v. WoodNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Fisher v. MonroeNew York Court of Common Pleas · 1893
- Doherty v. LordNew York Court of Common Pleas · 1894
- Boyd v. BoydNew York Court of Common Pleas · 1894
- Eichhold v. TiffanyAppellate Terms of the Supreme Court of New York · 1897