Applebee v. Albany Brewing Co.
New York Supreme Court
This is an appeal from the judgment of the Albany county court, entered upon the verdict of a jury. The action was to recover upon an alleged contract to work one year for the defendant, which plaintiff claims that the defendant broke at the end of 10 weeks, and the plaintiff was damaged by reason of such break. The answer denied the contract, and the main contention on the trial was whether there was a special contract for a year’s service and employment.
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This is an appeal from the judgment of the Albany county court, entered upon the verdict of a jury. The action was to recover upon an alleged contract to work one year for the defendant, which plaintiff claims that the defendant broke at the end of 10 weeks, and the plaintiff was damaged by reason of such break. The answer denied the contract, and the main contention on the trial was whether there was a special contract for a year’s service and employment. The plaintiff testified that on the 7th of April, 1888, “I went up to the Albany Brewing Company. Saw Wm. Gray there, and Chas. Rowe. ffm.…
1Opinion of the CourtMayham, J.
We discover no sufficient grounds for reversal of this judgment, on the ground stated in the defendant’s motion for a new trial upon the minutes. If the evidence was properly received on the trial, the verdict is abundantly sustained by it; but if it were not, as there is no certificate that the case contains all the evidence, the court would be required to assume that other sufficient evidence was given on the trial to uphold the verdict, so that the question for consideration and examination on this appeal is confined to exceptions taken to rulings of the judge as to the admission of…
2Cases cited3 opinions
- Nicolay v. . UngerNew York Court of Appeals · 1880
- Cox v. Albany Brewing Co.New York Supreme Court · 1890
- Hardenburgh v. CraryNew York Supreme Court · 1858
3Cited by1 opinion
- Johnson v. Butte & Superior Copper Co.Montana Supreme Court · 1910