Gates v. Bowers
Appellate Division of the Supreme Court of the State of New York
Appeal from Madison county court. Action by Francis H. Gates against Sidney L. Bowers. From a judgment for defendant and an order denying a motion for new trial, plaintiff appeals. . Appeal from a judgment in favor of the defendant entered upon a verdict of a jury upon the trial in the Madison county court, and from an order denying a motion made upon the minutes for a new trial.
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Appeal from Madison county court. Action by Francis H. Gates against Sidney L. Bowers. From a judgment for defendant and an order denying a motion for new trial, plaintiff appeals. . Appeal from a judgment in favor of the defendant entered upon a verdict of a jury upon the trial in the Madison county court, and from an order denying a motion made upon the minutes for a new trial. The action was brought to recover the value of an undivided half of certain oats, wheat, buckwheat, potatoes, corn, pigs, hay, and straw, the produce of three farms in the town of Cazenovia, Madison county, which-…
1Opinion of the CourtLandon, J.
The trial of the case depended upon the single question whether Alfred J. Brown, against whose property "the plaintiff’s execution ran, worked the defendant’s farms in 1896 upon shares. He worked the farms, but the defendant claimed that he did so as his servant for wages. There was no written contract, and the plaintiff’s case rested mainly upon the alleged declarations4 of the defendant, and his acts, in conjunction with those of Brown, in the management of the farms, the procuring of supplies and labor, and the care and disposition of some of the produce. There was a sharp conflict of…
2Cases cited6 opinions
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Kain v. . LarkinNew York Court of Appeals · 1892
- Green v. . DisbrowNew York Court of Appeals · 1874
- Bronner v. . FrauenthalNew York Court of Appeals · 1867
- Wallis v. . RandallNew York Court of Appeals · 1880
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