Buchanan v. . Tilden
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1896, reversing a judgment in favor of plaintiff for $54,421.18, entered upon a verdict directed by the court, and ordering a new trial.
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Appeal from, an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 2, 1896, reversing a judgment in favor of plaintiff for $54,421.18, entered upon a verdict directed by the court, and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinions, This appeal from the order of the Appellate Division granting a new trial on exceptions is well taken, as only questions of law are involved. (Code Civ. Pro. §§ 190, 191, 1337; Williams v. D., L. & W. R. R. Co., 127 N. Y. 643 ; Cooke v. U. Mfg. Co., 138…
1Opinion of the CourtBartlett, J.
At the close of plaintiff’s case both parties moved for a directed verdict, and neither asked to go to the jury on any question.
The trial judge thereupon directed a verdict for the plaintiff. The Appellate Division, with a divided court, reversed the judgment in plaintiff’s favor entered upon the verdict and ordered a new trial. The plaintiff has appealed from that order, stipulating for judgment absolute in case of affirmance, and presents for our determination a single question of law arising upon undisputed facts.
Before stating that question reference will be made to the material facts.…
2Cases cited7 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Bertles v. . NunanNew York Court of Appeals · 1883
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Todd v. . WeberNew York Court of Appeals · 1884
- Durnherr v. . RauNew York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- Smyth v. . City of New YorkNew York Court of Appeals · 1911
- Phalen v. . United States Trust Co.New York Court of Appeals · 1906
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