Legal Opinion

Bowdish v. Briggs

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

Decided May 15, 1896PublishedCited by 2 opinions

Appeal by the plaintiff, Miles G. Bowdish, from a judgment of the County Court of the county of Fulton in favor of the defendant, entered in the office of the clerk of said county on the 18th day of February, 1891, upon a nonsuit granted by the court after a trial before the court and a jury.

1Opinion of the Court

Merwin, J.:

This action ivas commenced in a Justice’s Court. The complaint was oral and was for work, labor and services done and performed by the plaintiff for the defendant and at his request. The answer was a general denial and a counterclaim for house rent, money had and received, and damages for breach of contract. The defendant recovered before the justice, and the plaintiff appealed to the County Court for a new trial. In that court a new trial was had before the court and a jury. At the close of plaintiff’s evidence he was non-suited. From the judgment entered upon the nonsuit the…

2Cases cited2 opinions

  1. Crane v. . PowellNew York Court of Appeals · 1893
  2. Galvin v. . PrenticeNew York Court of Appeals · 1871

3Cited by2 opinions

  1. Walsh v. New York & Kentucky Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Irlbacker v. RothAppellate Division of the Supreme Court of the State of New York · 1898

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