Harnett v. Westcott
The Superior Court of the City of New York and Buffalo
Appeal from jury term; P. H. Dugro, Judge. Action by Richard V. Harnett against Robert Westcott, as president of Westcott’s Express Company, for the value of a trunk and its contents. Verdict and judgment for plaintiff for $690, and defendant appeals. For opinion on motion to dismiss appeal, see 2 H. Y. Supp. 10.
1Opinion of the CourtTruax, J.
The action was tried before the court and jury. A verdict was found for the plaintiff, and thereupon the defendant made a motion for a new trial, “on the judge’s minutes, on the exceptions taken during the trial, and upon the ground that the verdict was against the weight of evidence.” This motion was denied, and from the order denying this motion the defendant appealed. The action was brought to recover the value of a trunk and its contents, which plaintiff alleges he delivered to the defendant. The defendant denies that the trunk was ever delivered to it. The plaintiff was on his way to Hew…
2Cases cited2 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Becht v. . CorbinNew York Court of Appeals · 1883
3Cited by2 opinions
- Harnett v. WestcottThe Superior Court of the City of New York and Buffalo · 1890
- Quinn v. North Sand Co.Appellate Terms of the Supreme Court of New York · 1913