Horton v. Terry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert Terry, from a judgment of the County Court of Ulster county in favor of the plaintiff, entered in the office of the clerk of said county on the 23d day of May, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of May, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Per curiam
The action was to recover a balance alleged to be due the plaintiff from the defendant on an exchange of horses. The defendant pleaded a general denial and payment. The evidence on the trial was conflicting. The case was closely contested, and on some of the issues the evidence was quite evenly balanced. In his summing up to the jury the plaintiff’s counsel said “that Mr. Terry (the *480defendant) is a wealthy brick man that has put the price of brick up, and that he is an importer of negro labor.” There was nothing in the evidence justifying any of these statements, and if there had been, they…
2Cases cited2 opinions
- Dimon v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
- Bagully v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Braun v. AhmedAppellate Division of the Supreme Court of the State of New York · 1987
- Hoffman v. New York Railways Co.City of New York Municipal Court · 1914
- Bump v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1913