Caponigri v. . Altieri
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1898, reversing a judgment rendered by the Appellate Term and granting a new trial. This action was commenced in the City Court of New York.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1898, reversing a judgment rendered by the Appellate Term and granting a new trial. This action was commenced in the City Court of New York. It was upon a promissory note made on or. about December 28, 1893, by the defendant Pasquale Altieri for one thousand dollars, and was payable to the order of Pietro Altieri, who indorsed the same before maturity. It was transferred to the plaintiff, who at the commencement of the action was the lawful owner and holder…
1Opinion of the CourtMabtin, J.
The question whether the verdict was contrary to the evidence was distinctly raised upon the respondent’s motion for a new trial made before the trial court. An appeal was taken from the order denying that motion as well as from the judgment, and the determination of the court in denying the motion for a new trial was involved in the appeal to the Appellate Division, where the facts were reviewable in the same manner as upon an appeal from a similar judgment or order of the Supreme'Court. (Code Civil Procedure, §§ 1340, 3191.) If we- should now reverse the determination of the Appellate…
2Cases cited13 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Peil v. . ReinhartNew York Court of Appeals · 1891
- Grannan v. . Westchester Racing Assn.New York Court of Appeals · 1897
- Wright v. . HunterNew York Court of Appeals · 1871
- Harris v. . BurdettNew York Court of Appeals · 1878
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3Cited by2 opinions
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- Reilly v. . SimonsonNew York Court of Appeals · 1916