Legal Opinion

Kidney v. Gray

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1912PublishedCited by 2 opinions

Appeal by the defendant, Samuel Gray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 27th day of October, 1911, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 20th day of November, 1911, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Woodward, J.:

The plaintiff brings this action to recover damages for an , alleged assault committed upon her by the defendant. There is evidence in .the case, from which the jury might properly find that the plaintiff accompanied her sister, a Mrs. Avery, to the store of the defendant on or about the 16th day of December, 1909; that Mrs. Avery had some controversy with the defendant over the payment of a small bill for repairs made upon a pair of shoes; that Mrs. Avery refused to pay the charge, and that the defendant attempted to detain her in his store until *194the same was paid; that Mrs.…

2Cases cited2 opinions

  1. Reynolds v. . RobinsonNew York Court of Appeals · 1876
  2. Gill v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by2 opinions

  1. Claim of McLaughlin v. Curtis-Quillen Co.Appellate Division of the Supreme Court of the State of New York · 1928
  2. Pincus v. SchlechterAppellate Division of the Supreme Court of the State of New York · 1915

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