Lefevre v. Silo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James P. Silo, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of April, 190.5, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of April, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Houghton, J. (dissenting):
I cannot concur in the reasons advanced for reversing this judgment. I do not interpret the evidence as showing that O’Brien and defendant and the plaintiff’s intestate, as between themselves, entered into a copartnership agreement.
The defendant called as a witness, his own bookkeeper, Anthony, and he testified that the defendant told him that plaintiff’s intestate and O’Brien were coming to work for him, and that they were to" receive a salary of forty dollars per week and a portion of the profits at "the end of the year. The 'defendant was sworn as a witness in his…
2Cases cited3 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Smith v. . BodineNew York Court of Appeals · 1878
- Bickford v. SearlesAppellate Division of the Supreme Court of the State of New York · 1896