Riggs v. . American Tract Society
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made January 25, 1883, which denied a motion for a new trial and directed judgment on a verdict, exceptions taken during the trial having been ordered to be heard,, at first instance, at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of plaintiff, entered upon an order made January 25, 1883, which denied a motion for a new trial and directed judgment on a verdict, exceptions taken during the trial having been ordered to be heard,, at first instance, at Special Term. This action was brought to recover back money alleged to have been given defendant by Ira Riggs, plaintiff’s intestate, he being at the time of unsound mind. The case, upon a former appeal, is reported in 84 if. Y. 330. It appeared that defendant, on…
1Opinion of the CourtDanforth, J.
On a former occasion we were satisfied that upon the allegations of the complaint a recovery might be had. (84 N. Y. 330.) The facts then admitted to be true are now established by the finding of a jury. A verdict has displaced the demurrer. In order to succeed, therefore, the appellant must show that an error of law was committed upon the trial, either in receiving evidence or in submitting it to the jury as sufficient for their consideration. Upon the complaint there was but one question, whether at the time of his transactions with the defendant, Ira Riggs, the intestate, was of unsound…
2Cases cited4 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- American Seamen's Friend Society v. HopperNew York Court of Appeals · 1865
- Riggs v. . American Tract SocietyNew York Court of Appeals · 1881
- Dewitt v. . Barley and SchoonmakerNew York Court of Appeals · 1853
3Cited by20 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1925
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Spallina v. GiannoccaroAppellate Division of the Supreme Court of the State of New York · 1983
- Clarke v. IrwinNebraska Supreme Court · 1902
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