207 A.D. 819 | N.Y. App. Div. | 1923
At the end of the case the defendant moved for a dismissal of the first cause of action and for a dismissal of the second cause of action, and also for the direction of a verdict in favor of the defendant on its counterclaim. All of these motions were denied. The plaintiffs then moved generally for the direction of a verdict. This motion was granted and the jury were directed to find a verdict in favor of the plaintiffs for $48,920, with interest amounting to $10,539.95, making a total of $59,459.95. To this the defendant excepted. The evidence does not sustain the first cause of action for services. While there is evidence tending to support the second cause of action for an account stated, we have come to the conclusion that material evidence proffered by the defendant was erroneously rejected. The counterclaim interposed by defendant was evidently interposed pursuant to section 91a of the General Corporation Law. This statute in