Legal Opinion

Buchanan v. . Tilden

New York Court of Appeals

Decided January 24, 1899PublishedCited by 38 opinions

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

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Bertles v. . NunanNew York Court of Appeals · 1883
  3. Wetmore v. . WetmoreNew York Court of Appeals · 1896
  4. Todd v. . WeberNew York Court of Appeals · 1884
  5. Durnherr v. . RauNew York Court of Appeals · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Seaver v. . RansomNew York Court of Appeals · 1918
  2. Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
  3. De Cicco v. . SchweizerNew York Court of Appeals · 1917
  4. Smyth v. . City of New YorkNew York Court of Appeals · 1911
  5. Phalen v. . United States Trust Co.New York Court of Appeals · 1906

33 more not listed; retrieve them via the Exa API.

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