Hinman v. Stillwell
New York Supreme Court
Appear from an order, made by a county judge granting a motion made upon his minutes for a new trial. This action was brought in a Justice’s Court to recover $124.24 for goods delivered to George Davis, between December 4, 1880, and December 2% 1881. The plaintiff claims they were delivered on the order and credit of the defendant.
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Appear from an order, made by a county judge granting a motion made upon his minutes for a new trial. This action was brought in a Justice’s Court to recover $124.24 for goods delivered to George Davis, between December 4, 1880, and December 2% 1881. The plaintiff claims they were delivered on the order and credit of the defendant. The sole issue was, did the defendant authorize the sale and agree to pay for the goods ? The plaintiff had a judgment for eight dollars and thirty-seven cents damages and five dollars and eighty-two cents costs, from which the defendant appealed to the County…
1Opinion of the Court
FOLLETT, J. :
Section 999 of the Code of Civil Procedure is applicable to county courts, 'and authorizes theip to grant new trials on their minutes in actions originating in a Justice’s Court, appealed to and rfetried in county courts. (Subs. 4 and '7, § 3347, Code Civil Pro.) Subdivision 4, above cited, does not limit the right to actions begun in county courts.
Since the decision of Andrews v. Long (79 N. Y., 573), appeals to this court from orders of county courts, granting or refusing new trials made in actions originating in justices’ courts have been authorized. (Code Civil Pro., § 1342,…
2Cases cited5 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Thurber & Stevenson v. Townsend & WilburNew York Court of Appeals · 1860
- Cooper v. . Eastern Transportation CompanyNew York Court of Appeals · 1878
- Bennett v. Matthews & WarrenNew York Supreme Court · 1872
- Andrews v. . LongNew York Court of Appeals · 1880