...the buyer; Held, that the question whether the goods were sold on the credit of the defendant, was a question of fact, which should have been submitted to the jury; and that the judge erred in dismissing the complaint. McCaffil v. Sadcliff, 445 50. The rule is well settled...

...opinion, and not merely as the result of the judge's opinion. But in Miss Anthony's case there was a question of fact, which should have been submitted to the jury, and that was the question of intent. The intent is the essence of every criminal offense. No person can be lawfully...

...instruction it is proper to say that the court gave at appellant's request a number of instructions declaring the law as contended for by it; in fact, the court...when read in the light of and in connection with the other instructions. No objection was made to the instruction other than the one just indicated, therefore...

...think the question of the authority of Lawton to bind the defendant company by indorsement was one of fact which should have been submitted to the jury, and that the trial court erred in deciding it as a question of law. In other words our conclusion is that the...

...compel the determination that App. Div.] SECOND DEPARTMENT, APRIL TERM, 1898. there were questions of fact which should have been submitted to the jury, and that the dismissal of the complaint was error. All concurred. Judgment reversed and new trial granted, costs...

...questions involved, as the views expressed necessarily compel the determination that there were questions of fact which should have been submitted to the jury, and that the dismissal of the complaint was error. Judgment reversed, and new trial granted, costs to abide...

...the defendant's negligence and the plaintiff's freedom from contributory negligence were questions of fact which should have been submitted to the jury, and that the court erred in granting the defendant's motion for a nonsuit. For this error the judgment and order...

...and .the reversal by the Appellate Division was put upon the distinct ground that the case presented a question of fact which should have been submitted to the jury, and that the failure so to submit it again constituted reversible error (124 App. Div. 934, 109 NY Supp. 577)....

...estate, and that such is the presumption of law; that the question of ownership of these boxes was one of fact, which should have been submitted to the jury; and that appellee Tree is estopped to assert ownership of these boxes, because he remained silent when he should...

...notwithstanding he had previously asked for the direction of a verdict. We conclude that there was a question of fact which should have been submitted to the jury, and that it was error to refuse the instructions prayed for by the defendant and to direct a verdict for the...