Valentine v. Kelly
New York Supreme Court
Appeal from Erie county court. Action by Ernest Valentine againt Lewis Kelly, to recover for wages. Trial by jury, and verdict for plaintiff in justice’s court, on which judgment was entered. From the judgment of the county court, affirming the judgment of the justice of the peace, defendant appeals.
1Opinion of the CourtMacomber, J.
On account of the death of the justice of the peace before a return was made by him, there exists a lack of the details of the evidence given before him; yet enough is disclosed to show that it was a fair question of fact for the jury whether the wages of the plaintiff were to be paid by the defendant or by one Geiger. Under these circumstances, the verdict, if uninfluenced by other matters than the evidence, must be deemed conclusive. . A reversal was also claimed in the county court, and is insisted upon here, on the ground of the misconduct of the justice of the peace in conferring with…
2Cases cited4 opinions
- Taylor v. BetsfordNew York Supreme Court · 1816
- Bunn v. CroulNew York Supreme Court · 1813
- Benson v. ClarkNew York Supreme Court · 1823
- Vallen v. McGuireNew York Supreme Court · 1888
3Cited by3 opinions
- Gibbons v. Van AlstyneNew York Supreme Court · 1890
- Kehrley v. ShaferNew York Supreme Court · 1895
- Seeley v. BisgroveNew York Supreme Court · 1894