Greene v. Northern Steamship Co.
Superior Court of Buffalo
Appeal from a judgment entered upon the verdict of a jury, and from an order denying defendant’s motion for a new trial made upon the minutes of the court. Judgment affirmed, with costs.
1Dissent
Hatch, J. (dissenting).
The contract sued upon might have been performed within one year from the time it was made; consequently the Statute of Frauds is not available to defeat plaintiff’s right to recover. Lockwood v. Barnes, 3 Hill, 128 ; Kent v. Kent, 62 N. Y. 560-564.
But I think the plaintiff must fail from insufficiency of proof to establish his case. The establishment of the contract rests upon plaintiff’s testimony alone, without the slightest corroboration either of statement or circumstance. The defendant met the testimony of plaintiff by an entire denial through its agent, with whom…
2Cases cited1 opinion
- Kent v. . KentNew York Court of Appeals · 1875
3Cited by1 opinion
- Gawrys v. PapkeTonawanda City Court · 1933