Noonan v. . Luther
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 7, 1911, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The refusal of the trial court to permit defendant to testify concerning his intent was fatal error, which deprived him of most important evidence bearing directly upon the main issue in the case. (McKown v. Hunter, 30 N. Y. 625; Thurston v. Cornell, 38 N. Y. 281; Seymour v. Wilson, 14 N.…
1Opinion of the Court
Cullen, Ch. J.
The action was for assault and battery. The plaintiff was a domestic in the employ of the defendant, who kept a hotel at Saratoga lake. The plaintiff becoming dissatisfied with her employment determined to leave, and notified the defendant of her intention. When the plaintiff was about tó leave a dispute arose between her and the defendant over her wages, during which, as she testified, the defendant assaulted her without provocation with great severity. On the other hand the defendant testified that the plaintiff’s behavior was so disorderly that he directed her to leave the…
2Cases cited5 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- Zucker v. . WhitridgeNew York Court of Appeals · 1912
- Fowler v. Ætna Fire Insurance Co.New York Supreme Court · 1827
- Pratt v. . AndrewsNew York Court of Appeals · 1851
- McKane v. . HowardNew York Court of Appeals · 1911
3Cited by28 opinions
- People v. LevanNew York Court of Appeals · 1945
- State v. WarnerSupreme Judicial Court of Maine · 1967
- Rubenstein v. RubensteinSupreme Court of New Jersey · 1956
- Milton M. Levin v. United StatesCourt of Appeals for the D.C. Circuit · 1965
- Dahlin v. FraserSupreme Court of Minnesota · 1939
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