McCabe v. Goodfellow
New York Supreme Court
Appeal from judgment on report of referee. Action by James E. McCabe against John T. Goodfellow, treasurer of the Law and Order League of the town of Kirkland.
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Appeal from judgment on report of referee. Action by James E. McCabe against John T. Goodfellow, treasurer of the Law and Order League of the town of Kirkland. The plaintiff, in his complaint, alleged that the Law and Order League of the town of Kirkland was a voluntary, unincorporated association, consisting of more than seven members; that it was organized for the purpose of suppressing the sale of intoxicating liquors in the town of Kirkland, and to prosecute persons violating the excise law residing in that town; that the defendant, John T. Goodfellow, was treasurer of said league; that…
1Opinion of the CourtMartin, J.
The validity of the judgment in this case is sought to be impeached pn the grounds (1) that the findings of the referee were not sustained by the evidence; (2) that the referee erred in receiving evidence of the value of the plaintiff’s services; and (3) that he erred in denying the defendant’s motion for a nonsuit.
A careful reading of the appeal-book discloses that there was a severe conflict in the evidence upon the question whether the defendant was employed by the law and order league to perform the services for which he recovered in this action. The evidence of the plaintiff was that he…
2Cases cited6 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Westcott v. . FargoNew York Court of Appeals · 1875
- National Bank v. . Van DerwerkerNew York Court of Appeals · 1878
- Fritz v. MuckNew York Supreme Court · 1881
- Ebbinghousen v. Worth ClubNew York Court of Common Pleas · 1878
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