Majority
p. 309James G. Wilson, Resp’t, v. Tom A. Ritson, App’lt. (New York Oity Gourt, General Term, Filed November 20, 1894.)
Headnote
Appeal—What reviewed.Questions of law only can be reviewed upon an appeal from a judgment.
Appeal from a judgment entered on a verdict in favor of plaintiff.
Jas. J. Fitz Gerald, for app’lt; Wm. H. Sage, for resp’t.
Defendant appeals from the judgment only; hence only questions of law can be reviewed (Matthews v. Meyberg, 63 N. Y. 656 ); and the only question of law reviewable on this record is raised by appellant’s exception to the denial of his motion to nonsuit plaintiff. At trial, defendant conceded that he owed and had agreed to pay plaintiff $241.50, but contended that he was not indebted to him in the additional sum of $50, as claimed by plaintiff; and the jury found with defendant’s contention-by disallowing the $50 item, and returning a verdict for only $241.50. Judgment affirmed, with costs.
All concur.
Cases cited
- Matthews v. Meyberg 63 N. Y. 656 p. 309