Harris v. St. Paul Fire & Marine Insurance
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Leopold Harris against the St. Paul Fire & Marine Insurance Company. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtPlatzek, J.
The defendant appeals from a judgment entered upon a verdict of a jury, and also from an order denying a motion to set aside the verdict and for a new trial. The order was, apparently, inadvertently, entered upon the defendant’s motion, and therefore an appeal therefrom by the defendant will not lie. Josias v. Nivois, 56 Misc. Rep. 557, 107 N. Y. Supp. 19; Raymond v. Tiffany, 115 App. Div. 350, 100 N. Y. Supp. 807.
Entertaining the appeal as one from the, judgment alone, this court can only review questions of law, and the weight of evidence cannot be considered; but, where there is no…
2Cases cited4 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Raymond v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1906
- Josias v. NivoisAppellate Terms of the Supreme Court of New York · 1907
- Josias v. NivoisAppellate Terms of the Supreme Court of New York · 1907
3Cited by4 opinions
- Hessen v. Iowa Automobile Mutual InsuranceSupreme Court of Iowa · 1922
- Solomon v. Federal InsuranceCalifornia Supreme Court · 1917
- Orient Ins. Co. v. Van Zant-Bruce Drug Co.Supreme Court of Oklahoma · 1915
- Interstate Casualty Co. of Birmingham v. MartinCourt of Appeals of Texas · 1921