McEntyre v. Tucker
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Patrick B. McEntyre against Clarence Tucker. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtPryor, J.
The action is to recover an unpaid balance of a bill for the construction of a house and stable. The complaint was dismissed on the plaintiff’s own proof. The defendant assumes that the questions of law and fact in controversy were adjudicated by the reversal of the judgment against him on a previous trial of the action. McEntyre v. Tucker, 5 Misc. Rep. 228, 25 N. Y. Supp. 95. He is mistaken. The evidence now under review is not the evidence on which the former judgment proceeded; and the facts now found by the referee are not identical with the facts in his previous report. To the rules of…
2Cases cited5 opinions
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- Schwier v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Hugg v. ShankNew York Supreme Court · 1889
- McEntyre v. TuckerNew York Court of Common Pleas · 1893