Legal Opinion

McGirr v. Campbell

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1902PublishedCited by 8 opinions

Appeal by the plaintiff, William J. McGirr, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 1-Oth day of June,. 1901, upon the verdict of a jury for six cents damages, rendered by direction of the court, and awarding the defendant judgment for costs, and also from an order entered in said clerk’s office on the 14th day of August, 1901, denying the plaintiff’s motion for a new trial made upon…

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Appeal by the plaintiff, William J. McGirr, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 1-Oth day of June,. 1901, upon the verdict of a jury for six cents damages, rendered by direction of the court, and awarding the defendant judgment for costs, and also from an order entered in said clerk’s office on the 14th day of August, 1901, denying the plaintiff’s motion for a new trial made upon the minutes. ,

1Opinion of the Court

Ingraham, J.:

The parties to this action were engaged as copartners in the business of gathering, shipping and selling manure in the then city of Hew York, and while so engaged, on the 20th of April, 1897, entered into a verbal agreement whereby the defendant sold to the plaintiff certain personal property and the business theretofore conducted with the good will thereof, which included certain contracts for gathering manure in the city of Hew York, for the sum of $20,000, which the plaintiff paid to the defendant, partly in cash and partly by the delivery of certain promissory notes…

2Cases cited5 opinions

  1. Wahl v. . BarnumNew York Court of Appeals · 1889
  2. Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
  3. Drummond v. A. & N. BurrellNew York Supreme Court · 1835
  4. Oddy v. . JamesNew York Court of Appeals · 1872
  5. McKinney v. McCloskeyNew York Court of Common Pleas · 1878

3Cited by8 opinions

  1. Radio Corporation v. Cable Radio Tube CorporationCourt of Appeals for the Second Circuit · 1933
  2. Frantz v. ParkeIdaho Court of Appeals · 1986
  3. Duncan v. ClarkeNew York Court of Appeals · 1955
  4. Claim of Robinson v. Estate of HayesAppellate Division of the Supreme Court of the State of New York · 1924
  5. Collection & Investigation Bureau of Maryland, Inc. v. LinsleyCourt of Special Appeals of Maryland · 1977

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