Williams v. Tradesmen's Fire Insurance
New York Court of Common Pleas
Appeal by the defendants from a judgment of the Marine Court at General Term. The action was brought to recover $500 as a loss covered by a policy of insurance issued by the defendants. The jury rendered a verdict of $200 for the plaintiff. The plaintiff* appealed from, the judgment entered upon the verdict to the General Term of the Marine Court, and the Court reversed-the judgment and ordered a new trial.
Read the full summary
Appeal by the defendants from a judgment of the Marine Court at General Term. The action was brought to recover $500 as a loss covered by a policy of insurance issued by the defendants. The jury rendered a verdict of $200 for the plaintiff. The plaintiff* appealed from, the judgment entered upon the verdict to the General Term of the Marine Court, and the Court reversed-the judgment and ordered a new trial. From this judgment of the General Term, the defendants appealed to the Court of Common Pleas, stating as grounds of the appeal that the Marine Court at General Term had no power to reverse…
1Opinion of the Court
By the Court.
Daly, F. J.
This was a review by the General Term of the Marine Court of the finding of -a jury upon *438conflicting evidence without any error of law having occurred at the trial. It was hearing a motion to set aside a verdict after judgment as against the weight of evidence, and ordering a new trial, and the question presented is whether the General Term of the Marine Court can entertain such a motion.
By the act of 1853 an appeal may be taken from a judgment entered by direction of a single justice of the Marine Court, to the justices of the Court at a General Term, in the same…
2Cases cited3 opinions
- Sibley v. HowardNew York Supreme Court · 1846
- Kissell v. Board of President and Directors of St. Louis Public SchoolsSupreme Court of the United States · 1856
- Benedict v. CaffeThe Superior Court of New York City · 1854
3Cited by1 opinion
- Frank v. BennerNew York Court of Common Pleas · 1871