Legal Opinion

Mernagh v. Nichols

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

Decided May 5, 1909PublishedCited by 6 opinions

Appea-l by the defendant, Sidney Nichols, from a judgment of the County Court of Herkimer county in favor of the plaintiff, entered in the office of the clerk of said county on the 24th day of December, 1908, reversing a judgment of the Justice’s Court in favor of the defendant and directing a new trial.

1Opinion of the Court

Williams, J.:

The judgment appealed from should be affirmed, with costs, and a new trial had before the same justice on the 17th day of May, 1909, at ten a. m.

The action was brought by a farm laborer to recover for work, labor and services performed for defendant upon his farm, and for the purchase price of some small items of personal property. The total amount of the wages earned was claimed to be one hundred .and eighty-seven dollars and fifty cents, amount paid thereon ninety-four' dollars and ninety-two cents, and balance ninety-two dollars and fifty-eight cents. The items of personal…

2Cases cited3 opinions

  1. Tipton v. . FeitnerNew York Court of Appeals · 1859
  2. Lantry v. ParksCourt for the Trial of Impeachments and Correction of Errors · 1827
  3. Peters v. WhitneyNew York Supreme Court · 1856

3Cited by6 opinions

  1. Amtorg Trading Corp. v. Miehle Printing Press & Mfg. Co. (Of Delaware)Court of Appeals for the Second Circuit · 1953
  2. Jacobs v. PyleSouth Dakota Supreme Court · 1928
  3. Wrightsman v. BrownSupreme Court of Oklahoma · 1937
  4. Delmar v. Kinderhook Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1909
  5. Oliver v. McArthurAppellate Division of the Supreme Court of the State of New York · 1913

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