Coykendall v. Eaton
New York Supreme Court
APPEAL from an order of the county court of Onondaga county, denying a motion for a new trial. The action was commenced in a justice’s court, and a trial was there had, and a judgment rendered in favor of the plaintiff. An appeal was taken, to the county court, and on the trial there, a verdict was rendered for the plaintiff.
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APPEAL from an order of the county court of Onondaga county, denying a motion for a new trial. The action was commenced in a justice’s court, and a trial was there had, and a judgment rendered in favor of the plaintiff. An appeal was taken, to the county court, and on the trial there, a verdict was rendered for the plaintiff. On appeal to the Supreme Court, a new trial was granted, on the ground that the plaintiff was not entitled to recover, with directions that the costs should abide the event. On the second trial, in the county court, the plaintiff was nonsuited, and a motion for a new…
1Opinion of the Court
By the Court, Foster, J.
This action was commenced in a justice’s court. The plaintiff complained of the defendant “for one wolf robe and cushion, left in the possession and care of the defendant, which he neglects and refuses to deliver, and claims damages in the sum of $40.” The answer was a general denial, &c. A trial was had before the justice, who rendered judgment in favor of the plaintiff for $45 damages and costs, and the defendant appealed to the county court, where the cause was tried, and a verdict rendered for the plaintiff; which, upon appeal to this court, was set aside and a new…
2Cases cited2 opinions
- Jones v. Van ZandtSupreme Court of the United States · 1847
- Willard v. BridgeNew York Supreme Court · 1848
3Cited by9 opinions
- Fidelity & Guaranty Insurance Corp. v. BallonAppellate Division of the Supreme Court of the State of New York · 1952
- Gibbons v. FarwellMichigan Supreme Court · 1886
- Curtis v. MurphyWisconsin Supreme Court · 1885
- Wear v. GleasonSupreme Court of Arkansas · 1889
- McKillop v. ReichAppellate Division of the Supreme Court of the State of New York · 1902
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