Dibble v. Dimick
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by John W. Dibble against Jeremiah W. Dimick to recover a balance alleged to be due plaintiff for services rendered defendant in the sale of goods on commission. From a judgment entered on the report of a referee in favor of plaintiff, defendant appeals.
1Opinion of the CourtBookstaveb, J.
This action was brought to recover plaintiff’s commissions as a salesman. The answer is, in effect, a general denial. There is no statement contained in the appeal book that the case contains all the evidence taken on the trial, but, instead of that, there appears the following: “This case contains all the testimony taken on the trial of this action.” It has been repeatedly decided of late that the latter of these statements is not the equivalent of the former, and that under such a statement the facts are not brought before the court at general term for review. Hyman v. Friedman, (Com. Pl.…
2Cases cited6 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Porter v. . SmithNew York Court of Appeals · 1887
- Hyman v. FriedmanNew York Court of Common Pleas · 1892
- Claflin v. FlackNew York Court of Common Pleas · 1891
- Upington v. PoolerNew York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Howe v. WoolseyNew York Court of Common Pleas · 1894
- McEntyre v. TuckerNew York Court of Common Pleas · 1893