Myers v. Myers
Appellate Division of the Supreme Court of the State of New York
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
- Powers v. GouraudNew York Supreme Court · 1897
- Bigelow v. GarwitzNew York Supreme Court · 1891
- Oliver v. MooreNew York Supreme Court · 1890
3Cited by14 opinions
- Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Hogan v. RosenthalAppellate Division of the Supreme Court of the State of New York · 1908
- Zeilian v. James Beggs & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Clark v. Foreign Products Co.Appellate Division of the Supreme Court of the State of New York · 1920
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