Keller v. Schwartz

Appellate Terms of the Supreme Court of New York

Keller v. Schwartz

93 N.Y.S. 620

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 24, 1905

StatusPublished

This text of 93 N.Y.S. 620 (Keller v. Schwartz) 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

Keller v. Schwartz, 93 N.Y.S. 620 (N.Y. Ct. App. 1905).

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Opinion

PER CURIAM.

The return discloses but a single exception taken by the defendant to the exclusion of wholly immaterial proof tendered by him, and fails to show that any motion to dismiss the complaint at the close of the plaintiff’s case or at the conclusion of the trial had been made. Moreover, this court cannot consider arguments based upon exceptions claimed to have been taken, rulings claimed to have been made, and legal propositions affecting the rights of the parties, that might have been debatable, if legally presented. The defendants, in trying the case as they did, conceded that it involved only a question of fact, which was resolved in favor of plaintiff.

It cannot be successfully contended that there was no evidence to sustain the findings of fact, and hence the judgment must be affirmed. Lyons v. Thomas, 34 Misc. Rep. 175, 68 N. Y. Supp. 802.

Judgment affirmed, with costs.

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PER CURIAM.

The return discloses but a single exception taken by the defendant to the exclusion of wholly immaterial proof tendered by him, and fails to show that any motion to dismiss the complaint at the close of the plaintiff’s case or at the conclusion of the trial had been made. Moreover, this court cannot consider arguments based upon exceptions claimed to have been taken, rulings claimed to have been made, and legal propositions affecting the rights of the parties, that might have been debatable, if legally presented. The defendants, in trying the case as they did, conceded that it involved only a question of fact, which was resolved in favor of plaintiff.

It cannot be successfully contended that there was no evidence to sustain the findings of fact, and hence the judgment must be affirmed. Lyons v. Thomas, 34 Misc. Rep. 175, 68 N. Y. Supp. 802.

Judgment affirmed, with costs.

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Bluebook (online)

93 N.Y.S. 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-schwartz-nyappterm-1905.

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