Garvey v. United States Horse & Cattle Show
City of New York Municipal Court
Appeals by plaintiff from a judgment entered on verdict of jury returned in favor of defendant and from order deny? ing motion for a new trial on newly-discovered evidence.
1Opinion of the CourtYaist Wyck, J.
These two appeals will he considered and disposed of together. First, as to the appeal from the judgment ; the fourth paragraph of the answer sets up as a separate defense that the cause of action, if any, accrued in favor of the copartnership firm of Garvey & Campbell, composed of the plaintiff and one William F. Campbell.
The plaintiff unreservedly accepted this challenge of the answer and the record shows that the cause was tried almost solely upon this issue as to whether the cause of action could be maintained by the plaintiff alone. The bill against the defendant for the labor performed…
2Cases cited2 opinions
- Adams v. BushNew York Court of Appeals · 1863
- Kanter v. RubinCity of New York Municipal Court · 1892
3Cited by3 opinions
- In re Mayer's EstateNew York Supreme Court · 1895
- Denny v. BlumenthalCity of New York Municipal Court · 1894
- In re the Judicial Settlement of the Accounts of CohenNew York Supreme Court · 1895