New York Court of Appeals

Isaac Rosenstien, Appellant v. William I. Fox, Respondent

October 13, 1896150 N.Y. 354

Summary

The Court of Appeals reversed the General Term's judgment, holding that a certificate of completeness of evidence is not required to review exceptions in a jury trial and that the trial judge erred by submitting the issue of usury to the jury without sufficient evidence. Accordingly, the plaintiff’s motion for a directed verdict was proper and a new trial was ordered.