Zeiser v. Cohn
New York Supreme Court
Motion for a nonsuit; on which the decision was reserved until after verdict pursuant to section 1187 of the Code of Civil Procedure.
1Opinion of the CourtHerrick, J.
Upon a motion for a nonsuit where a decision is reserved until after the verdict, all questions are before the court that could be raised upon a motion to set the verdict aside, except as to inferences to be drawn from, or the weight of evidence..
After a review of the pleadings and of the proceedings upon this trial, I am satisfied that the court committed an error in permitting the plaintiff to prosecute the action as one upon contract, instead of an action in the nature of a creditor’s bill to set aside conveyances alleged to have been executed to defraud creditors.
The complaint in this…
2Cases cited13 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Degraw v. . ElmoreNew York Court of Appeals · 1872
- Cassidy v. . UhlmannNew York Court of Appeals · 1902
- Neudecker v. . KohlbergNew York Court of Appeals · 1880
- Hatch v. . LeonardNew York Court of Appeals · 1901
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