Howell v. . Adams
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff, entered upon a verdict taken subject to the opinion of the court at General Term. This action was upon three certificates of deposit issued by the Suffolk County Bank, an individual bank, in carrying on the business of which plaintiff alleged that defendant and William Adams, deceased, were partners.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff, entered upon a verdict taken subject to the opinion of the court at General Term. This action was upon three certificates of deposit issued by the Suffolk County Bank, an individual bank, in carrying on the business of which plaintiff alleged that defendant and William Adams, deceased, were partners. The facts, as stated by the General Term, were, in substance, as follows: The defendant caused to be filed with the superintendent of the banking department of the State of Mew…
1Opinion of the CourtAndrews, J.
It was not error for the judge to direct a verdict subject to the opinion of the court at General Term. There was no conflict of evidence as to the material facts, or any doubtful inferences to be deduced from the facts proved, nor any exception, except to the denial of the motion for non-suit made when the plaintiff rested, and also at the close of the whole evidence. The same question raised by the motion for nonsuit was involved in the motion for judgment on the verdict.
1. The plaintiff, to establish that the defendant was a partner with William Adams in conducting the business of the…
2Cases cited2 opinions
- Payne v. . GardinerNew York Court of Appeals · 1864
- Cowan v. KernNew York Court of Appeals · 1977
3Cited by27 opinions
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Munger v. . Albany City National BankNew York Court of Appeals · 1881
- Imperial Shale Brick Co. v. . JewettNew York Court of Appeals · 1901
- Elmira Iron & Steel Rolling Mill Co. v. HarrisNew York Court of Appeals · 1891
- Smiley v. . FryNew York Court of Appeals · 1885
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