Oderkirk v. Fargo
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Richard M. Oderkirk against James C. Fargo, as president of the American Express Company. Judgment for plaintiff. Defendant appeals. Affirmed. For former report, see 11 H. Y. Supp. 871. The action was commenced in a justice’s court, and the plaintiff had judgment. From that judgment the defendant appealed to the Jefferson county court. Upon a retrial in the county court the plaintiff was nonsuited.
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Appeal from circuit court, Jefferson county. Action by Richard M. Oderkirk against James C. Fargo, as president of the American Express Company. Judgment for plaintiff. Defendant appeals. Affirmed. For former report, see 11 H. Y. Supp. 871. The action was commenced in a justice’s court, and the plaintiff had judgment. From that judgment the defendant appealed to the Jefferson county court. Upon a retrial in the county court the plaintiff was nonsuited. He then appealed to this court, where the judgment of the county court was reversed, and a new trial granted. The action was again tried in…
1Opinion of the CourtMartin, J.
Under the evidence in this case it was a question of fact whether the transaction between the plaintiff and the defendant’s agent was as testified to by the plaintiff or as testified to by the defendant’s witnesses, and was properly submitted to the jury. The verdict of the jury upon that ■question should be regarded as final. Baird v. Mayor, etc., 96 N. Y. 567; Archer v. Railroad Co., 106 N. Y. 589, 602, 13 N. E. Rep. 318. When this •case was before this court on a former appeal, Merwin, J., who delivered the opinion of the court, said: “The property was allowed to remain at the ■express…
2Cases cited10 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
- Fenner v. . Buffalo and State Line R.R. Co.New York Court of Appeals · 1871
- Pickard v. CollinsNew York Supreme Court · 1856
- McCabe v. . BraytonNew York Court of Appeals · 1868
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3Cited by1 opinion
- Guipre v. Kurt Hitke & Co.California Court of Appeal · 1952