Legal Opinion

Myers v. Myers

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

Decided July 1, 1903PublishedCited by 14 opinions

Appeal by the defendant, Frank L. Myers, from a judgment of the County Court of Steuben county in favor of the plaintiff, entered, in the office of the clerk of the county of Steuben on the 16th day-of October, 1902, upon the verdict of a jury, and also from an order-entered in said clerk’s office on the 22d day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes-The action was commenced on the 16th day of April,-1902, to recover for work,…

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Appeal by the defendant, Frank L. Myers, from a judgment of the County Court of Steuben county in favor of the plaintiff, entered, in the office of the clerk of the county of Steuben on the 16th day-of October, 1902, upon the verdict of a jury, and also from an order-entered in said clerk’s office on the 22d day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes-The action was commenced on the 16th day of April,-1902, to recover for work, labor and services rendered and performed by the plaintiff for the defendant between the 1st day of October, 1896, and…

1Opinion of the Court

McLennan, J.:

Counsel for the respondent urges that it is possible to interpret the evidence, when considered as a whole, in such manner as to make the verdict of the jury consistent, and our attention is called to some apparently casual statements made by a witness called by the defendant, to the effect that the term of employment • commenced at a later period than testified to by the parties. From a careful examination of the evidence we think it is not susceptible *75■of such interpretation. The parties by their evidence agreed as to when the employment commenced. They agreed as to the amount…

2Cases cited3 opinions

  1. Powers v. GouraudNew York Supreme Court · 1897
  2. Bigelow v. GarwitzNew York Supreme Court · 1891
  3. Oliver v. MooreNew York Supreme Court · 1890

3Cited by14 opinions

  1. Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
  2. James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
  3. Hogan v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1908
  4. Zeilian v. James Beggs & Co.Appellate Division of the Supreme Court of the State of New York · 1912
  5. Clark v. Foreign Products Co.Appellate Division of the Supreme Court of the State of New York · 1920

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