71 N.Y.S. 88 | N.Y. App. Div. | 1901
This action was brought to recover rent due for canal boats leased by the plaintiff to the defendants in the year
There is nothing in the case to take it out of the usual rule that where, at the close of the evidence, each party moves for a direction of a verdict, the case thereupon becomes one for the determination of the court. If the court had seen fit, it might have decided the case at the trial; and, if there had been evidence to sustain its decision, it could not be here questioned. Persons v. Hawkins, 41 App. Div. 171, 58 N. Y. Supp. 831; McLeod v. Hunter, 49 App. Div. 131, 63 N. Y. Supp. 153. The fact that the court did not pursue this course, but preferred, rather, to continue the trial as though it had been had without a jury, is of no importance. At most, the only effect of it could be that this trial should be reviewed in the same manner as any other trial before a court without a jury; and this court may consider the evidence, and, if it comes to the conclusion that the decision was contrary to the facts, it may reverse the judgment and send the case back for a new trial. That has been done, and an examination of the case satisfies us that there was ample evidence to sustain the conclusion which the court reached, and for that reason the judgment must be affirmed, with costs. All concur.