136 Misc. 163 | N.Y. Sup. Ct. | 1930
The plaintiff as trustee in bankruptcy of the estate of Edward M. Fuller and William F. McGee, individually and as copartners, doing business as E. M. Fuller & Co., brings this action against the administrators with the will annexed of Arnold Rothstein, deceased. At the trial a jury was waived and it was stipulated that the court should direct a verdict with the same force and effect as if the jury were present without the necessity of making findings. The facts as established by the evidence are practically undisputed. It appears that in April, 1922, Fuller purchased a Pierce Arrow automobile, model 1922, and within a few days after
Verdict is directed in favor of the defendant upon all the issues. Motion to set aside the verdict and for a new trial will be deemed to* have been made by the plaintiff, and same is denied, with exception to the plaintiff; thirty days’ stay and thirty days to make a case granted. The clerk is directed to enter judgment accordingly.