Legal Opinion

Montero v. Murphy

Appellate Terms of the Supreme Court of New York

Decided April 15, 1912Published

Appeal by defendant from a judgment of the City Court of the city of Hew York, entered upon the verdict of a jury rendered in favor of the plaintiff and from an order denying a motion for a new trial.

1Opinion of the CourtSeabury, J.

The plaintiff sued to recover a balance alleged to be due for services rendered to and money laid out on behalf of the defendant in reference to the boat Athlete, owned by the defendant. The defendant denied that the plaintiff had rendered the service which he claimed to have rendered and contended that he had paid the plaintiff all that he owed him. The plaintiff testified in support of his claim and the defendant testified in opposition to it. Other witnesses were called but they did not testify to matters of any importance. The plaintiff went into considerable detail in explaining his…

2Cases cited3 opinions

  1. Callanan v. ShawSupreme Court of Iowa · 1868
  2. Campbell Printing Press & Manuf'g Co. v. YorkstonNew York Court of Common Pleas · 1895
  3. Lummis v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1897

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