Durant v. . Abendroth
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiff, entered upon an order directing judgment on a verdict. This action was brought to recover of the defendants, as alleged co-partners under the firm name of Griffith & Wundram, the amount of two promissory notes made by that firm. Defendant Abendroth alone defended, claiming that the partnership was limited, and he a special partner.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, in favor of plaintiff, entered upon an order directing judgment on a verdict. This action was brought to recover of the defendants, as alleged co-partners under the firm name of Griffith & Wundram, the amount of two promissory notes made by that firm. Defendant Abendroth alone defended, claiming that the partnership was limited, and he a special partner. It appeared in evidence that a certificate for the formation of a limited partnership was filed in the county clerk’s office, by the defendants, on the…
1Opinion of the CourtRapadlo, J.
This is not strictly the case of a verdict subject to the opinion of the court; for at the time of directing the verdict for the plaintiff, the court ordered the exceptions to be heard in the first instance at General Term. Where a verdict is ordered subject to the opinion of the court without qualification, exceptions cannot be heard, and the only question before the General Term is, which party is entitled to final judgment on the uncontroverted facts, and for that reason it is improper to direct a verdict subject to the opinion of the court where exceptions have been taken on the trial, or…
2Cited by44 opinions
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Giles v. VetteSupreme Court of the United States · 1924
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Rathke v. GriffithWashington Supreme Court · 1950
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