Persons v. Hawkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Henry H. Persons and another, as receivers of the Bank of Commerce in Buffalo, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 7th day of January, 1899, upon the verdict of a jury, rendered by direction of the court, as dismisses the complaint upon the merits as to the defendant William M. Hawkins, and also from an order entered in said clerk’s office on the 12th day of October, 1898,…
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Appeal by the plaintiffs, Henry H. Persons and another, as receivers of the Bank of Commerce in Buffalo, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 7th day of January, 1899, upon the verdict of a jury, rendered by direction of the court, as dismisses the complaint upon the merits as to the defendant William M. Hawkins, and also from an order entered in said clerk’s office on the 12th day of October, 1898, denying the plaintiffs’ motion for a new trial, with notice of an intention to bring up for review upon such ¡appeal an…
1Opinion of the Court
Hardin, P. J.:
Upon the close of the evidence the counsel for the plaintiffs moved for the direction of a verdict against the defendant Kruger, and he also said: “ I will make the request that a verdict be directed in favor of the plaintiffs and against Mr. Hawkins on the ground that the cause of action as alleged upon the notes is admitted by the answer, and that no defense is made out by the evidence.” Thereupon the counsel for the defendant Hawkins moved for the direction ■of a verdict in favor of the defendant Hawkins dismissing the plaintiffs’ complaint on the ground that they have failed…
2Cases cited6 opinions
- Benton v. . MartinNew York Court of Appeals · 1873
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Garfield National Bank v. ColwellNew York Supreme Court · 1890
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Simmons v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Share v. CoatsSouth Dakota Supreme Court · 1912
- German-American Bank v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1904
- Bank of Le Roy v. PurdyAppellate Division of the Supreme Court of the State of New York · 1905
- Holbrook v. TruesdellAppellate Division of the Supreme Court of the State of New York · 1904
- Hamlin v. HamlinAppellate Division of the Supreme Court of the State of New York · 1907
6 more not listed; retrieve them via the Exa API.