McLeod v. Hunter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James C. Hunter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 1st day of December, 1899, upon the verdict of a jury rendered by direction of the court. The action was brought to recover upon a promissory note given by the defendant to the plaintiff.
1Opinion of the Court
Rumsey, J.:
At the close of the case each party asked for the direction of a verdict, and it was agreed that the court should take the. papers and determine the case as though the jury were present. As neither party asked to go to the jury, the court was authorized to determine any disputed question of fact if there were such, and its determination cannot be reviewed here if there was any evidence to sustain it. (Adams v. Roscoe Lumber Co., 159 N. Y. 176.)
The only disputed question of fact was whether there was any consideration for the note in suit. The defendant was the owner of a…
2Cases cited1 opinion
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
3Cited by2 opinions
- Farmers State Bank v. FausettNorth Dakota Supreme Court · 1926
- Gitty v. AllenAppellate Division of the Supreme Court of the State of New York · 1901