Legal Opinion

Metropolitan Nat'l Bk. of N.Y. v. . Sirret

New York Court of Appeals

Decided November 25, 1884PublishedCited by 16 opinions

Appeal from .order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1882, which sustained exceptions taken by plaintiff on trial, set aside a verdict in favor of defendant William B. Sirret, and directed a new trial. This action was brought upon a promissory note, executed by the firm of Sirret & Stafford, which firm, the complaint alleged, was composed of defendants.

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Appeal from .order of the General Term of the Supreme Court, in the fourth judicial department, made the second Tuesday of June, 1882, which sustained exceptions taken by plaintiff on trial, set aside a verdict in favor of defendant William B. Sirret, and directed a new trial. This action was brought upon a promissory note, executed by the firm of Sirret & Stafford, which firm, the complaint alleged, was composed of defendants. Said defendant William B. Sirret, who alone appeared and answered, set up in his answer that the firm was a limited partnership, organized under and in pursuance of…

1Opinion of the CourtAndrews, J.

The only questions before the General Term were questions of law arising upon exceptions taken by the plaintiff on the trial before the jury. The trial judge upon the application of the plaintiff’s counsel, made after verdict, directed that the exceptions of the plaintiff should be heard in the first instance at General Term, and that in the meantime judgment should be suspended. Upon a motion for a new trial upon exceptions ordered to be heard in the first instance at General Term, all controverted questions of fact are to be regarded as settled by the verdict of the jury, and neither the…

2Cases cited1 opinion

  1. Van Ingen v. . WhitmanNew York Court of Appeals · 1875

3Cited by16 opinions

  1. Hibernia Savings & Loan Society v. San FranciscoSupreme Court of the United States · 1906
  2. White v. . EisemanNew York Court of Appeals · 1892
  3. Fifth Avenue Bank v. ColgateNew York Court of Appeals · 1890
  4. President & Directors of the Manhattan Co. v. PhillipsNew York Court of Appeals · 1888
  5. La Montagne v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1904

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