J. E. Mosheim & Co. v. Schwartz

City of New York Municipal Court

J. E. Mosheim & Co. v. Schwartz

15 Misc. 439, 37 N.Y.S. 757, 73 N.Y. St. Rep. 433

DecidedJanuary 15, 1896

StatusPublished

This text of 15 Misc. 439 (J. E. Mosheim & Co. v. Schwartz) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. E. Mosheim & Co. v. Schwartz, 15 Misc. 439, 37 N.Y.S. 757, 73 N.Y. St. Rep. 433 (N.Y. Super. Ct. 1896).

Pincite

Opinion

McCarthy, J.

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. Ins. Co., 64 N. Y. 236, 242; Del Genovese v. Mayor, 14 N. Y. St. Repr. 197.

There are no material exceptions in the case and judgment must, therefore, be affirmed, with costs.

Fitzsimons and Botty, JJ., concur.

Judgment affirmed, with costs.

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