Wanamaker v. . Megraw
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 15, 1900, affirming a judgment -in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Court of Appeals has the power to examine the record to see whether the evidence supports the conclusion of the jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 15, 1900, affirming a judgment -in favor of defendant entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The Court of Appeals has the power to examine the record to see whether the evidence supports the conclusion of the jury. (Ostrom v. Greene, 161 N. Y. 353; Jerome v. Q. C. C. Co., 163 N. Y. 351.) The declarations of Rice as to his authority were incompetent, and…
1Opinion of the CourtO’Brien, J.
The plaintiffs sought in this action to recover against the defendant the amount claimed to be due upon an open account of some years standing which, including interest, amounted to about $400. This claim does not seem to have been the subject of any dispute at the trial and was practically admitted. But the defendant interposed a counterclaim of $1,000 and interest, which is the real subject of the litigation. The defendant alleged that in the year 1889 he was employed by the plaintiffs as a salesman under an agreement" that for his services he should be paid at the rate of $4,000 a year,…
2Cases cited1 opinion
- Hebbard v. . HaughianNew York Court of Appeals · 1877
3Cited by11 opinions
- Hull v. Curtis Publishing Co.Superior Court of Pennsylvania · 1956
- Jones v. JonesNew York Supreme Court · 1955
- Moore v. Utah Idaho Cent. R. Co.Utah Supreme Court · 1918
- Zeggio v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1913
- In re the Estate of DurkanNew York Surrogate's Court · 1936
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