Koehler v. . Adler
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor'of plaintiff, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. Whether evidence is admissible or not is a question for the decision of the court alone, but after the testimony is admitted, its weight and the credit to be given thereto are questions for the jury alone.
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Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor'of plaintiff, entered upon a verdict. The nature of the action and the facts appear sufficiently in the opinion. Whether evidence is admissible or not is a question for the decision of the court alone, but after the testimony is admitted, its weight and the credit to be given thereto are questions for the jury alone. (Starkie on Evi. [9th ed.], 788; Greenleaf on Evi., vol. 1, 185.) Where, from other circumstances testified to in the case, statements made by uncontradicted…
1Opinion of the Court
Church, Ch. J.
The action was for'money loaned, and the verdiot was directed by the court. The defendant alleges error in not submitting the case to the jury. At the close of the evidence the plaintiff asked the court to direct a verdict in his favor, and the defendant then requested a like direction in his favor. The court stated that he thought the plaintiff entitled to the direction. The counsel for defendant then asked to go to the jury upon the question whether the debt in suit was ever contracted at all. This was denied, and an exception taken. Upon these facts we think that the…
2Cases cited3 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Kavanagh v. . WilsonNew York Court of Appeals · 1877
- Lomer v. . MeekerNew York Court of Appeals · 1862
3Cited by97 opinions
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- Nay v. . CurleyNew York Court of Appeals · 1889
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Eastern District Piece Dye Works, Inc. v. Travelers InsuranceNew York Court of Appeals · 1923
- Moore v. First Nat. Bank of Iowa CitySupreme Court of Oklahoma · 1912
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