Benjamin v. . Ver Nooy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 6, 1899, affirming a judgment in favor of plaintiff entered upon a verdict, with notice of intent to review two orders, one affirming an order denying the defendants’ motion for a new trial, and the other affirming an order granting certain costs to the plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 6, 1899, affirming a judgment in favor of plaintiff entered upon a verdict, with notice of intent to review two orders, one affirming an order denying the defendants’ motion for a new trial, and the other affirming an order granting certain costs to the plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. In considering exceptions the defendants are entitled to that view of the evidence which is most favorable to them. (Bonnell v.…
1Opinion of the CourtVann, J.
After examining the four exceptions appearing in the record we find no reversible error, and we think that the judgment appealed from should be affirmed, for the-reasons given by the learned Appellate Division in its opinion. (Benjamin v. Ver Nooy, 36 App. Div. 581.)
The appeal from the order denying a motion for a new trial involves no question that we can review, other than those raised by the appeal from the judgment.
The appeal from the order relating to certain costs allowed to the respondent by an order made at Special Term, is based upon the following facts: This action was brought…
2Cases cited2 opinions
- Benjamin v. . RogersNew York Court of Appeals · 1891
- Benjamin v. Ver NooyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- State v. BuralliNevada Supreme Court · 1903
- Hoffmann v. Union Dime Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1904
- Davis v. Reflex Camera Co.Appellate Division of the Supreme Court of the State of New York · 1906
- In re the Judicial Settlement of the Account of CoonleyNew York Surrogate's Court · 1902
- Pauley v. MillspaughAppellate Division of the Supreme Court of the State of New York · 1904
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