Legal Opinion

McGrath v. Michaels

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

Decided July 1, 1903PublishedCited by 7 opinions

Appeal by the defendant, Joseph Michaels, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 14th day of May, 1902, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 19th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Goodrich, P. J.:

The plaintiff has recovered a judgment against the defendant for an assault committed upon her by Shepard, one of defendant’s employees. Defendant had sold plaintiff some furniture under the installment plan, and there was an unpaid installment. Shepard came to the house. There was a direct conflict of evidence as to what occurred, but the jury by their verdict have apparently found the plaintiff’s account to be true. She testified: “ On July 12th, 1900, he came to my house, knocked at the door and asked for Mrs. McGrath, and I told him I was the party ; he said, ‘ Well, I…

2Cases cited2 opinions

  1. Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
  2. Grimes v. YoungAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by7 opinions

  1. Zucker v. Lannin Realty Co.Appellate Division of the Supreme Court of the State of New York · 1926
  2. Weinstein v. Singer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Becker v. BorckAppellate Terms of the Supreme Court of New York · 1916
  4. Murphy v. Buckley Newhall Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. Kessler v. DeutschAppellate Terms of the Supreme Court of New York · 1904

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