Closson v. Thompson Pulp & Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles S. Closson, from an order of the Supreme Court, made at the Saratoga Trial Term and entered in the office of the clerk of the county of Saratoga on the 27th day of February, 1905, as resettled, by an order ^entered 'in said clerk’s-office on the 27th day of March, 1905, setting aside the verdict Of a jury theretofore rendered in favor of the plaintiff and awarding the ■defendant, a new trial of the action.
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Appeal by the plaintiff, Charles S. Closson, from an order of the Supreme Court, made at the Saratoga Trial Term and entered in the office of the clerk of the county of Saratoga on the 27th day of February, 1905, as resettled, by an order ^entered 'in said clerk’s-office on the 27th day of March, 1905, setting aside the verdict Of a jury theretofore rendered in favor of the plaintiff and awarding the ■defendant, a new trial of the action. This is an appeal by the plaintiff from an order made upon,the minutes of the justice presiding at the. trial, setting aside a verdict iff favor of the…
1Opinion of the Court
Kellogg, J.:
The complaint' alleged a contract which ’ was to be performed within a year. While it alleges that it was made on or about April twenty-fifth, it alleges the contract as for a year from that date. It left the -precise day when the- contract was made somewhat uncertain, but alleged a contract for a year’s service from that day, *275when it was ascertained. Therefore, within Fanger v. Caspary (87 App. Div. 417) and Booker v. Heffner (95 id. 84), the defendant was not in default in failing to plead the statute, but could avail himself of that defense when the proof showed a different…
2Cases cited2 opinions
- Fanger v. CasparyAppellate Division of the Supreme Court of the State of New York · 1903
- Bennett v. MahlerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Sheingold v. BaerAppellate Division of the Supreme Court of the State of New York · 1911
- Bierman v. SimonAppellate Terms of the Supreme Court of New York · 1908
- Crown v. LitvakAppellate Terms of the Supreme Court of New York · 1916
- Fell v. American Financial & Development Corp. for IsraelAppellate Division of the Supreme Court of the State of New York · 1953