Jordan v. Reed
Supreme Court of New Jersey
On error to the Supreme Court. Originally, this was an action upon contract brought in the Supreme Court by Albert M. Jordan, notv defendant in error, against I. Whilden Moore, the testator of the present plaintiff in error.
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On error to the Supreme Court. Originally, this was an action upon contract brought in the Supreme Court by Albert M. Jordan, notv defendant in error, against I. Whilden Moore, the testator of the present plaintiff in error. The declaration filed is unusual in form and in substance, but may be said to set up a cause of action of the nature following: Whereas, the Northside Land Company had made its promissory note, in writing, bearing date on June 11th, a. d. 1903, and thereby promised to pay to the order of the La-Charge Dredging Company the sum of $6,000, one year after date, at the Second…
1Opinion of the Court
The opinion of the court (the foregoing statement having been made) was delivered by
GüeeN, J.
I. The' first contention of the plaintiff in error appears to be that the plaintiff below should have been non-suited upon the opening of his counsel, either because the facts stated by counsel, if proved, would not have sufficed to sustain a verdict, or because, if proved, they would have established, -not the cause of action alleged in the declaration, but a cause of action different therefrom.
A motion for a nonsuit on the opening of a case to the court and jury is not usual, but it is permitted in…
2Cases cited12 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Thornton v. WynnSupreme Court of the United States · 1827
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- Mechanics' Bank of N. Y. v. GriswoldNew York Supreme Court · 1831
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3Cited by6 opinions
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- National Life & Accident Ins. v. VarnerTennessee Supreme Court · 1937
- Brown v. Royal Battery Corp.New Jersey Court of Chancery · 1942
- Gurzo v. American Smelting & Refining Co.Supreme Court of New Jersey · 1945
1 more not listed; retrieve them via the Exa API.