Hyperlawhypertext legal database J. E. Mosheim & Co. v. Schwartz 73 N.Y. St. Rep. 433

← Cases

J. E. Mosheim & Co. v. Schwartz

73 N.Y. St. Rep. 433 Court N.Y. City Ct. Decision date 1896-01-28 English

Delivered by McCARTHY, J.

Contents

Majority

p. 433
J. E. Mosheim & Company, Resp’t, v. Harris Schwartz, App’lt.
(New York City Court, General Term,
Filed January 28, 1896.)

Headnote

1. Appeal—Judgment.
In the case of an appeal from the judgment only, the general term of the Hew York city court has no power to review a case on the facts where the trial was by jury.
p. 434
2. Same,
Where there is no appeal from an order denying a new trial, only exceptions appearing on the record before rendition of the verdict can be considered.
Appeal from a judgment in favor pf plaintiffs.
Albert D. Haff, fer app’lt; Franklin Bien,.for resp’ts.

The notice of appeal in this case is from the-judgment only, and in such case the general term has no power to-review a case on the facts where the trial was by jury. There being no appeal from the order denying a new trial, which is unfortunate, only exceptions appearing on the record before rendition of the verdict can be considered. Boos v. Insurance Co., 64 N. Y. 236 , 242; Del Genovese v. Mayor, etc., 14 St. Rep. 197 . There are no material exceptions in the case, and the judgment must therefore be affirmed, with costs. •

All concur.

Cases cited