Sharp v. Whipple
The Superior Court of New York City
Case upon a general verdict for the plaintiff, subject to the opinion of the Court on the questions of law arising at the trial, and there ordered to be heard, in the first instance, at the General Term. The following is a statement of the pleadings, and of the proceedings had, and facts proved upon the trial. The complaint is of a somewhat equivocal character.
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Case upon a general verdict for the plaintiff, subject to the opinion of the Court on the questions of law arising at the trial, and there ordered to be heard, in the first instance, at the General Term. The following is a statement of the pleadings, and of the proceedings had, and facts proved upon the trial. The complaint is of a somewhat equivocal character. In part it would appear to proceed upon a claim that the defendant had received money upon a policy of insurance belonging to the plaintiff, which he refuses to pay over, and in part it proceeds upon allegations that the defendant has…
1Opinion of the Court
By the Court. Woodruff, J
The charge of the Judge given to the jury on the trial, does not appear in the case submitted, and no exceptions were taken by the defendant to such charge. It must therefore be assumed that correct instructions *563were given to the jury, in respect to all questions of law which were material as a guide to their deliberations, and as to the legal effect of the facts which they might find to be established by the evidence.
The jury having rendered a general verdict for the plaintiff, must be deemed to have found in his favor under those instructions every material fact in…
2Cases cited2 opinions
- Pacific Insurance v. CatlettCourt for the Trial of Impeachments and Correction of Errors · 1829
- Catlett v. Pacific InsuranceNew York Supreme Court · 1828
3Cited by1 opinion
- Rose v. SchinasiAppellate Division of the Supreme Court of the State of New York · 1915