Duffus v. Schwinger
New York Supreme Court
Appeal from circuit court, Onondaga county. . Action by William Duffus against Christopher Schwinger and others. From a judgment for plaintiff, and from an order denying a motion for new trial, heard on the case and exceptions, defendants appeal.
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Appeal from circuit court, Onondaga county. . Action by William Duffus against Christopher Schwinger and others. From a judgment for plaintiff, and from an order denying a motion for new trial, heard on the case and exceptions, defendants appeal. In the plaintiff’s complaint it is alleged that the plaintiff became the owner of three several chattel mortgages upon the boat ICenyon & Newton and the appurtenances, and that default had occurred in the terms of the mortgages, and “the said defendants, at the city of New York, on the 18th day of October, 1890, and while said property was owned by…
1Opinion of the CourtHardin, P. J.
Upon the request of the defendants’ counsel at the close of the evidence, the court outlined the leading questions of fact arising in the case which were for the jury to determine. Thereafter the court delivered a very lucid, clear, and elaborate charge to the jury, modestly withholding his own opinion upon the questions of fact which arose in the case, and which were delivered over to the jury to determine, applying the principles of law which have heretofore been announced in the determination of the case. We are asked to disturb the finding of the jury upon several of the questions of fact…
2Cases cited7 opinions
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Gildersleeve v. . LandonNew York Court of Appeals · 1878
- Morss v. SherrillNew York Supreme Court · 1871
- Beckwith v. New-York Central RailroadNew York Supreme Court · 1865
- Chaffee v. MorssNew York Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Franklin Coal Co. v. HicksAppellate Division of the Supreme Court of the State of New York · 1899
- Cullinan v. FurthmannAppellate Division of the Supreme Court of the State of New York · 1905
- Devonshire v. Stubbs, New York County Courts1930
- France v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Franklin Coal Co. v. HicksAppellate Division of the Supreme Court of the State of New York · 1899