Schwarz v. . Oppold
New York Court of Appeals
Appeal from judgment of the General Term of the Court of- Common Pleas, in and for the city and county of New York, affirming a judgment of the General Term of the Marine Court in favor of defendants, entered upon an order reversing an order of Special Term, which set aside a verdict and ordered a new trial; and directing judgment on the verdict.
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Appeal from judgment of the General Term of the Court of- Common Pleas, in and for the city and county of New York, affirming a judgment of the General Term of the Marine Court in favor of defendants, entered upon an order reversing an order of Special Term, which set aside a verdict and ordered a new trial; and directing judgment on the verdict. This action was upon a promissory note alleged in the complaint to have been made by defendant Wilhelm Oppold, payable to the order of defendant Joseph Letz, on demand, “with interest,” and to have been indorsed by defendant Louisa Oppold, as follows…
1Opinion of the Court
• Rapadlo, J.
The question whether the verdict was against the weight of• the evidence cannot be considered on this appeal. The General Term, having reversed the order at Special Term granting a new trial, must have been of opinion that the verdict was not against the weight of the evidence. That question the General Term had power to decide, and its determination thereon is final. The only points before us are those which arise on the exceptions taken at the trial.
The exception mainly relied upon was to the admission of the evidence of the defendant Wilhelm Oppold to the effect that the words…
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