Merritt v. Archer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Merritt, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 13th day of February, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 24th day of February, 1914, denying the plaintiff’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review part of…
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Appeal by the plaintiff, Thomas Merritt, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 13th day of February, 1914, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 24th day of February, 1914, denying the plaintiff’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review part of an order entered in said clerk’s office on the 17th day of February, 1914, striking out and expunging findings and…
1Opinion of the Court
Jerks, P. J.:
The plaintiff, who paid down a part of the purchase price of certain realty as required by the terms of the auction sale, sues the auctioneer for a return of such money, and appeals from a judgment entered upon a verdict directed for the defendant upon the law as applied to the facts adduced by the plaintiff. At the close of the testimony at Trial Term, after both parties at the suggestion of the court had moved for a direction of a verdict, the learned court said: “ Very well. When I decide the matter I will expressly state in the memorandum that I have decided the questions of…
2Cases cited3 opinions
- Bleeker v. GrahamNew York Court of Chancery · 1835
- Ellison v. KerrIllinois Supreme Court · 1877
- Merritt v. ArcherNew York Supreme Court · 1913
3Cited by4 opinions
- Gelman v. Joseph P. Day, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
- Gelman v. Joseph P. Day, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Lummus Real Estate Auction Co. v. BrownCourt of Appeals of Georgia · 1934
- Millfield Realty Co. v. CatenaNew York Court of Appeals · 1931