Wills v. Union Bottling Co. — 58 N.Y. Super. Ct. 584

Majority

p. 584

William Wills, Appellant v. The Union Bottling Company, Respondent.

Decided June 27, 1890.

Headnote

Appeal from a judgment in favor of the defendant upon the verdict of a jury, and from an order denying plaintiff’s motion for a new trial made on the minutes on all the causes specified in section 999 of the Code.

Hatch & Warren, for appellant. Morgan & Walker, for respondent.

Before Truax and O’Gorman, JJ.

The only question involved was one of fact, viz. : whether plaintiff, in June, 1883, resigned his office of treasurer. Held (Truax J., writing, O’Gorman, J., concurring ) that that question was properly left to the jury ; and that as there was evidence to warrant the verdict of the

p. 585

jury the judgment and order should be affirmed with costs.