Peddie v. Gally
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leopold Gajly, from a judgment of the County Court of .Queens county in favor of the plaintiff, entered in the office of the clerk of the county "of Queens on the 25tli day of June, 1904, upon the verdict of a jury for $500, and also from three orders entered in said clerk’s office on the 28th day of June, 1904, respectively denying the defendant’s motions to disr miss the complaint - and his motion for a new trial made upon the minutes. 1-
1Opinion of the Court
Woodward, J.:
' The plaintiff has recovered damages- against the defendant to' the amount of - $500 for an assault and battery committed upon her by *179the defendant’s installment collector, one Boxer, on February 2, 1903. The undisputed evidence shows that Boxer called at the plaintiff’s rooms to collect an alleged balance due the defendant Upon a bedstead which the latter had sold to her and for which she claimed to have completed the payments. Boxer forced his way into her room, seized her, threw her down and kicked her. He then called in the defendant’s driver and removed the bedstead.…
2Cases cited1 opinion
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
3Cited by2 opinions
- Waaler v. Great Northern Railway Co.South Dakota Supreme Court · 1908
- Veneruso v. Spear & Co.Appellate Division of the Supreme Court of the State of New York · 1914