Roberts v. Gee
New York Supreme Court
This was an appeal by the defendant from a judgment of the Dutchess county court. Roberts sued Gee, before a justice of the peace, to recover for the board of Gee and his wife. Gee was called and examined as a witness, by the plaintiff, and was the only witness on the trial.
Read the full summary
This was an appeal by the defendant from a judgment of the Dutchess county court. Roberts sued Gee, before a justice of the peace, to recover for the board of Gee and his wife. Gee was called and examined as a witness, by the plaintiff, and was the only witness on the trial. The facts proven were that Gee boarded with Roberts from . August to November, 1849, under an express agreement made between Gee, Roberts and one Deuel, that Roberts should look to Deuel for the payment, and Deuel promising to pay the bill. This agreement was made before Gee commenced boarding; the consideration being…
1Opinion of the Court
By the Court, Barculo, P. J.
The only witness examined before the justice was the defendant. On being called by the plaintiff he distinctly proved the demand of the plaintiff as set forth in the complaint. On his cross-examination, however, he testified that the plaintiff had given the credit to one Deuel and agreed to take him as paymaster. The justice gave judgment according to the admission of the defendant, and did not allow the defense. The county court deeming this erroneous, reversed the judgment of the justice. It is for us to determine which of these two courts has mistaken the law.
The…
2Cases cited1 opinion
- Garey v. NicholsonNew York Supreme Court · 1840
3Cited by9 opinions
- Darling v. HurstMichigan Supreme Court · 1878
- Morris v. JamiesonIllinois Supreme Court · 1903
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
- Bailey v. PardridgeAppellate Court of Illinois · 1889
- Detroit Electric Light & Power Co. v. ApplebaumMichigan Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.