Jaycox v. . Cameron
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiffs, entered upon a verdict in favor of plaintiffs, taken subject to the opinion of the court at General Term. The action was brought to recover an alleged balance in the hands of the defendant, the avails of the sale of certain stocks belonging to plaintiffs.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department in favor of plaintiffs, entered upon a verdict in favor of plaintiffs, taken subject to the opinion of the court at General Term. The action was brought to recover an alleged balance in the hands of the defendant, the avails of the sale of certain stocks belonging to plaintiffs. A statement of facts was made as prescribed by subdivision 2, section 333 of the Code, in substance as follows: During the year 1867-8, the defendant, Cameron, was a shipping and commission merchant in blew York, having in…
1Opinion of the CourtAxles, J.
The verdict was given for the plaintiffs, subject to the opinion of the Court at General Term, without objection by either party.-
It was virtually assented to by both that there were no controverted facts to be passed upon by the jury. But as no specific facts were found by the jury or expressly conceded by the parties, it was necessary for the purpose of an appeal to this court that a concise statement of facts should be prepared under-the direction of the Supreme Court, with the questions or conclusions of law thereon. (Code, § 333.) Such statement was prepared and made a part of the…
2Cited by2 opinions
- South Bay Company v. . HoweyNew York Court of Appeals · 1907
- South Bay Company v. . HoweyNew York Court of Appeals · 1907