Charles & Heller v. Grossmayer

Appellate Terms of the Supreme Court of New York

Charles & Heller v. Grossmayer

140 N.Y.S. 959

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 10, 1913

StatusPublished

This text of 140 N.Y.S. 959 (Charles & Heller v. Grossmayer) 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

Charles & Heller v. Grossmayer, 140 N.Y.S. 959 (N.Y. Ct. App. 1913).

Pincite

Opinion

DELANY, J.

This is an appeal by the plaintiffs from an order setting aside a verdict as contrary to law, contrary to the evidence, and against the weight of evidence.

The action was brought to recover the sum of $150, the value of a suit manufactured by the plaintiffs at the request of the defendant and delivered to her. She returned the suit and refused to pay for it, claiming that it was in many respects inferior in the quality of material, and not made in the style ordered, and not a proper fit. The action was tried by the court with a jury. There is not an exception in the entire case by defendant. The question was purely one of fact, and was submitted to the jury under instructions adequate for the protection of the defendant’s rights. Their finding.should be conclusive.

The order setting aside the verdict is reversed, with costs, and the verdict and judgment in favor of the plaintiffs reinstated, with costs to the plaintiffs. All concur.

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DELANY, J.

This is an appeal by the plaintiffs from an order setting aside a verdict as contrary to law, contrary to the evidence, and against the weight of evidence.

The action was brought to recover the sum of $150, the value of a suit manufactured by the plaintiffs at the request of the defendant and delivered to her. She returned the suit and refused to pay for it, claiming that it was in many respects inferior in the quality of material, and not made in the style ordered, and not a proper fit. The action was tried by the court with a jury. There is not an exception in the entire case by defendant. The question was purely one of fact, and was submitted to the jury under instructions adequate for the protection of the defendant’s rights. Their finding.should be conclusive.

The order setting aside the verdict is reversed, with costs, and the verdict and judgment in favor of the plaintiffs reinstated, with costs to the plaintiffs. All concur.

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Bluebook (online)

140 N.Y.S. 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-heller-v-grossmayer-nyappterm-1913.