Appellate Division of the Supreme Court of the State of New York July 1, 1902 (German-American Bank v. Schwinger)

Adams, P. J.:

The effect of the request made by both parties for the direction of a verdict was to clothe the trial court with the functions of a jury, and as a consequence all controverted and inferable facts must, for the purposes of this review be deemed established in favor of the defendant. (Thompson v. Simpson, 128 N. Y. 270; Westervelt v. Phelps, 171 id. 212.