Grant v. Button
New York Supreme Court
IN ERROR on certiorari to a iustice’s court. The defendant in error brought an action against the plainiiffs in error, in "the court below, for not doing some work as a •carpenter, faithfully, and in a workmanlike manner. The defendant below pleaded the general issue, and a former action by him, as plaintiff for his pay for the same work. It appeared tliat the defendant below had worked for the plaintiff 25 days, and had recovered from him 1 dollar 25 cents per day.
Read the full summary
IN ERROR on certiorari to a iustice’s court. The defendant in error brought an action against the plainiiffs in error, in "the court below, for not doing some work as a •carpenter, faithfully, and in a workmanlike manner. The defendant below pleaded the general issue, and a former action by him, as plaintiff for his pay for the same work. It appeared tliat the defendant below had worked for the plaintiff 25 days, and had recovered from him 1 dollar 25 cents per day. Considerable evidence was produced on the part of the plaintiff, A x 1 that the defendant was not a good workman, and did not…
1Per curiam
The plaintiff’s right to recover any thing upon the merits, in this case, independently of the question in relation to the former trial, is extremely doubtful; hut he is, at all events, barred by that trial. The same matter was there properly given in evidence, and the justice erred in not allowing a de-
*380duction on that account, if sufficiently proved.(a.) It does not appear, with certainty, whether the former trial was by jury or not; but it is fairly to be intended from the justice’s evidence that it was not. The justice says, that the plaintiff on the trial before him attempted, by some of…
2Cited by12 opinions
- Withers v. GreeneSupreme Court of the United States · 1850
- Smith v. WhitingMassachusetts Supreme Judicial Court · 1814
- Mimnaugh v. PartlinMichigan Supreme Court · 1887
- Wells v. MooreSupreme Court of Missouri · 1872
- Wynn v. HidayIndiana Supreme Court · 1828
7 more not listed; retrieve them via the Exa API.