Davey v. Lohrmann
New York Court of Common Pleas
Appeal from city court, general term. Action by Fred W. Davey, Charles F. Burt, and Charles W. Burt against Ernest A. Lohrmann to recover the value of eggs sold and delivered. From -a judgment of the general term of the city court affirming a judgment entered on a verdict for plaintiffs, and affirming an order denying a new trial, •defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
Though we may be precluded from inquiry into thesuffieieney -of the evidence to sustain the verdict because of the absence of the statement that the case contains all the evidence material to the questions in controversy, (Arnstein v. Haulenbeek, [Com. Pl. N. Y.] 11 N. Y. Supp. 701; Aldridge v. Aldridge, 120 N. Y. 614, 24 N. E. Rep. 1022,) the exception to the ruling of the trial court had the effect of a notice to the respondents that the appellant would claim a legal error, and the burden was thereby put upon the respondents to supply, by way of amendment, any evidence which they deemed…
2Cases cited9 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Honegger v. . WettsteinNew York Court of Appeals · 1883
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3Cited by4 opinions
- Jagau v. GoetzNew York Court of Common Pleas · 1895
- Kidder v. JonesNew York Court of Common Pleas · 1895
- Reddin v. LawlorNew York Court of Common Pleas · 1895
- Schwabeland v. HolahanNew York Court of Common Pleas · 1894