116 N.Y.S. 896 | N.Y. App. Div. | 1909
Plaintiff has recovered judgment for the amount of four promissory notes each for the sum of $913.75, made by defendant payable to the order of plaintiff, all of the notes being dated August 28, 1901,
It appears from this statement of the contract that plaintiff insisted, and defendant agreed, that he should take out the policies and give the premium note as a condition that plaintiff should agree to get the loan; not that plaintiff should agree to make the loan as a condition precedent to defendant’s taking out the policies. The
What the agreement between the plaintiff and defendant actually was must be gathered alone from the policies, receipts and notes arid the testimony of plaintiff, which is, of course, not disputed, except as . it is to some extent self-contradictory. It was for the court, therefore, to pass upon the interpretation of the contract thus established. Ho apparent question of fact was presented requiring determination by the jury. The court’s disposition of the case as one presenting only a question of construction was proper, and his direction of a ' verdict for plaintiff was warranted.
Other exceptions to the rulings of the court .on the trial present
All concurred, except McLennan, P. J., and Kruse, J., who dissented.
Judgment and order affirmed, with costs.