Hopler v. Hunter Arms Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hunter Arms Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 1-Oth day of May, 1900, upon the report of a referee.
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Appeal by the defendant, the Hunter Arms Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 1-Oth day of May, 1900, upon the report of a referee. The action was brought in the Supreme Court on the 13th day of January, 1899, to recover a balance of $282.21 and interest from May 1, 1898, for labor and services alleged to have been performed by the plaintiff as traveling salesman for the- defendant during the years 1897 and 1898. The amount of plaintiff’s claim for services was substantially admitted by the…
1Opinion of the Court
McLennan, J.:
Substantially the only issues litigated beforé the referee were as to the defendant’s two alleged counterclaims.
Without reciting in detail the evidence given by the respective parties upon those issues, or expressing any opinion as to the weight of the evidence, it may be said that it was conflicting, and that the testimony of each party was of such a character that if believed it was sufficient to have justified a finding in his favor upon such issues. It appeared that one John Hunter, who was the secretary of the defendant, had written a number of letters to the plaintiff, one…
2Cases cited1 opinion
- Tracy v. . McManusNew York Court of Appeals · 1874
3Cited by2 opinions
- Chamberlain v. . IbaNew York Court of Appeals · 1905
- Stirling v. KelleyAppellate Division of the Supreme Court of the State of New York · 1902