Kasson v. Mills
New York Supreme Court
Appeal from the judgment of the Erie County Court, reversing in part, and affirming in part, the judgment of the Justices’ Court. The action was to recover for the transportation o oysters and fruit from Albany to Buffalo, by “Hasson’s despatch,” delivered in Buffalo, September 14th, 16th and 17th, 1850. The defence was that the plaintiff had never been employed to transport the articles. Further facts will appear in the opinion.
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Appeal from the judgment of the Erie County Court, reversing in part, and affirming in part, the judgment of the Justices’ Court. The action was to recover for the transportation o oysters and fruit from Albany to Buffalo, by “Hasson’s despatch,” delivered in Buffalo, September 14th, 16th and 17th, 1850. The defence was that the plaintiff had never been employed to transport the articles. Further facts will appear in the opinion. The jury found a verdict for the plaintiff, for $100, and the County Court affirmed the judgment for $3,36, and reversed it for the residue, and the plaintiff…
1Opinion of the Court
By the Court—Marvin, Justice.
The County Court has reviewed the evidence and assumed to correct the verdict ol the jury as to the amount. (The evidence will appear more fully hereafter.)' If the County Court can thus reform the verdict, upon the evidence in this case, it will be difficult to find a case in which he may not do so. The County Court is directed, upon appeal, to “ give judgment according to the justice of the case, without regard to technical errors and defects vrhich do not affect the merits. In giving judgment the court may affirm or reverse the judgment of the court below, in…
2Cited by8 opinions
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- Rogers v. AckermanNew York Supreme Court · 1856
- Staats v. Hudson River Rail RoadNew York Supreme Court · 1862
- Jourdan v. HealeyNew York Court of Common Pleas · 1892
- Morgan v. ShortNew York Court of Common Pleas · 1895
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