Wagner v. Jones
New York Court of Common Pleas
Appeal by the defendant from a judgment of this court in favor of the plaintiffs, entered upon a verdict rendered at a trial-before Chief Justice Charles P. Daly, and a jury. This action was brought against Jones to recover the value of certain chattels of the plaintiffs, alleged to have been wrongfully taken from plaintiffs’ premises and carried away by the defendant, and to recover other damages for such Avrongful taking.
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Appeal by the defendant from a judgment of this court in favor of the plaintiffs, entered upon a verdict rendered at a trial-before Chief Justice Charles P. Daly, and a jury. This action was brought against Jones to recover the value of certain chattels of the plaintiffs, alleged to have been wrongfully taken from plaintiffs’ premises and carried away by the defendant, and to recover other damages for such Avrongful taking. The answer Avas a general denial, and contained a separate defense that the chattels had been mortgaged by one Meyer, a former owner, to Jones : that the mortgage covered…
1Opinion of the CourtVan Hoesen, J.
The defendant did not move for a dis*377missal of the complaint, either at the close of the plaintiff’s testimony or at the close of all the evidence in the case, nor did he appeal from the order denying his motion for a new trial upon the minutes. The principal, if not the only, ground for the motion for a new trial is, that the verdict was against the weight of evidence. As there was no appeal from the order denying the motion for a new trial, the point that the verdict was against the weight of evidence, or upon insufficient evidence, cannot properly be considered by us. (Matthews v. Meyberg,…
2Cases cited2 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Hathaway v. . BraymanNew York Court of Appeals · 1870
3Cited by5 opinions
- Jagau v. GoetzNew York Court of Common Pleas · 1895
- Bryan v. MaddenAppellate Division of the Supreme Court of the State of New York · 1905
- Ball v. SlafterNew York Supreme Court · 1882
- Lyman v. BoweNew York Court of Common Pleas · 1884
- Lyman v. BoweNew York Court of Common Pleas · 1884