O'Malley Cooperage, Inc. v. Laubentracht

Appellate Terms of the Supreme Court of New York

O'Malley Cooperage, Inc. v. Laubentracht

125 Misc. 850, 211 N.Y.S. 508, 1924 N.Y. Misc. LEXIS 1132

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 25, 1924

StatusPublished

This text of 125 Misc. 850 (O'Malley Cooperage, Inc. v. Laubentracht) 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

O'Malley Cooperage, Inc. v. Laubentracht, 125 Misc. 850, 211 N.Y.S. 508, 1924 N.Y. Misc. LEXIS 1132 (N.Y. Ct. App. 1924).

Pincite

Opinion

Pee Curiam:

Judgment unanimously reversed on the law and new trial granted, with thirty dollars costs to the appellant to abide the event.

Both plaintiff and defendant having moved for the direction " of a verdict upon the complaint and counterclaim, all questions of law and fact were left to the court.

Defendant did not waive his right to go to the jury after the court granted plaintiff’s motion, since, after the court had granted the plaintiff’s motion, defendant moved to go to the jury. The motion to go to the jury was made in time. Its effectiveness was not impaired by a failure to specify the particular question to be submitted to the jury. (Brown Paint Co. v. Reinhardt, 210 N. Y. 162.)

Present: Cropsey, Lazansky and MacCrate, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI