Bendix v. Saul

Appellate Terms of the Supreme Court of New York

Bendix v. Saul

34 Misc. 774, 68 N.Y.S. 800

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1901

StatusPublished

This text of 34 Misc. 774 (Bendix v. Saul) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bendix v. Saul, 34 Misc. 774, 68 N.Y.S. 800 (N.Y. Ct. App. 1901).

Pincite

Opinion

O’Gorman, J.

At the close of the case no motion was made by the defendant for a dismissal of the complaint, and this must be regarded as a concession on his part that there were issues of fact to be determined. Indeed, the only point litigated was whether the contract relied on by the plaintiffs was in fact made, and, on conflicting testimony, the learned justice found for the plaintiffs. The other points urged by the appellant' were not raised below and cannot be presented for the first time on appeal.

Andbews, P. J., and Blanchabd, J., concur. _

Judgment affirmed, with costs.

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O’Gorman, J.

At the close of the case no motion was made by the defendant for a dismissal of the complaint, and this must be regarded as a concession on his part that there were issues of fact to be determined. Indeed, the only point litigated was whether the contract relied on by the plaintiffs was in fact made, and, on conflicting testimony, the learned justice found for the plaintiffs. The other points urged by the appellant' were not raised below and cannot be presented for the first time on appeal.

Andbews, P. J., and Blanchabd, J., concur. _

Judgment affirmed, with costs.

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Bluebook (online)

34 Misc. 774, 68 N.Y.S. 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bendix-v-saul-nyappterm-1901.