Fall Brook Coal Co. v. . Hewson
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered February 14, 1896, affirming a judgment in favor of the defendant entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover $1,453.68 and interest, alleged in the complaint to be due for cold storage' service rendered by the plaintiff to the defendant.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered February 14, 1896, affirming a judgment in favor of the defendant entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover $1,453.68 and interest, alleged in the complaint to be due for cold storage' service rendered by the plaintiff to the defendant. The defendant alleged as a counterclaim that the services rendered were worthless because of the plaintiff's neglect, and that he had been damaged to the amount of $2,000, for which he…
1Opinion of the Court
Parker, Ch. J.
The defendant called as a witness one Wilson, who, after being sworn, testified as follows : “ I reside in Penn Yan. I know the defendant. I did not work for him in the spring of 1893; I was at the cold storage at that time about ten minutes in the fore part of April.” Ifo other questions were asked him, nor did he give any further testimony, and the testimony quoted had no bearing whatever upon the issues on trial. It is suggested that he was called under a misapprehension, but be that as it may, we shall assume merely in passing on the question growing out of his being called…
2Cases cited3 opinions
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Nichols v. . WhiteNew York Court of Appeals · 1881
3Cited by6 opinions
- Koester v. . Rochester Candy WorksNew York Court of Appeals · 1909
- Carlisle v. . NorrisNew York Court of Appeals · 1915
- O'Doherty v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Fine v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
- People v. SpeeksAppellate Division of the Supreme Court of the State of New York · 1916
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