Gaylord v. Gallagher
New York Court of Common Pleas
Appeal from trial term. Action by Don A. Gaylord and others against Patrick Gallagher to recover upon two certain contracts for the sale and delivery of builders’ materials; the answer denying performance by plaintiffs, and the value of the materials admitted to have been delivered, besides interposing four several counterclaims for damages alleged to have been sustained by defendant from nonperformance of the agreements mentioned in the complaint on plaintiffs’ part.
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Appeal from trial term. Action by Don A. Gaylord and others against Patrick Gallagher to recover upon two certain contracts for the sale and delivery of builders’ materials; the answer denying performance by plaintiffs, and the value of the materials admitted to have been delivered, besides interposing four several counterclaims for damages alleged to have been sustained by defendant from nonperformance of the agreements mentioned in the complaint on plaintiffs’ part. From a judgment for plaintiffs entered upon the verdict of a jury, and an order denying his motion for a new trial, defendant…
1Opinion of the CourtBischoff, J.
But two exceptions appear in the case,—one, to the denial of defendant’s motion for a nonsuit when plaintiffs rested; the other, to the denial of defendant’s motion to set the verdict aside, and order a new trial. Neither of these exceptions, however, proves, upon examination, to be available to defendant for the purpose of reversing the judgment and order appealed from. The motion for a nonsuit was founded on the alleged insufficiency of the evidence to sustain the cause of action; but any defect in the proof, when plaintiffs rested, was curable by evidence introduced on behalf of either…
2Cases cited8 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- Painton v. . Northern Cent. Railway Co.New York Court of Appeals · 1880
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
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3Cited by2 opinions
- Curtis v. Saddlery Hardware Manufacturing Co.New York Court of Common Pleas · 1894
- Sulyewski v. WindholzNew York Court of Common Pleas · 1894