Burch v. Spencer
New York Supreme Court
Appeal from an order of the County Court of Broome county, denying a motion for a new trial on a case and exceptions, and affirming a nonsuit ordered at the trial. The action was originally brought against Morgan Spencer and Elizabeth Spencer.
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Appeal from an order of the County Court of Broome county, denying a motion for a new trial on a case and exceptions, and affirming a nonsuit ordered at the trial. The action was originally brought against Morgan Spencer and Elizabeth Spencer. After an appeal was taken from the County Court of Broome county, Morgan Spencer died, and letters of administration, with the will annexed, were issued to Elijah Spencer, as administrator of his estate, who, as such administrator, was, by order of the County Court, made a party defendant in the place of said deceased. In contracts for provisions, it is…
1Opinion of the Court
Tappan, J.:
This action originated in a Justice’s-Court, in Broome county, where the defendants had a verdict and judgment in their favor. The plaintiffs appealed from such judgment to the Broome County Court for a new trial, where a trial was had before a jury, and judgment of nonsuit entered, with costs. Plaintiffs then moved such court for a new trial, which motion was denied; from such order plaintiffs appeal to this court. The order is appealable as affecting a substantial right, and the appeal brings up the question whether, upon the case made on the trial, the nonsuit ought to have been…
2Cases cited2 opinions
- Moses & Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1846
- The People v. . ParkerNew York Court of Appeals · 1868