McDonald v. Edgerton
New York Supreme Court
Error to the Delaware common pleas. McDonald sued Edgerton in a justice’s court to recover the value of an over-coat. The defendant was an inn-keeper at Delhi, Delaware county, and the plaintiff proved by John FoIIett, that in 1844, he stop/ ped at defendant’s inn on general training day, about seven o’clock in the morning; soon after the plaintiff came and took off his over-coat; that the plaintiff gave the over-coat to the barkeeper ; that the plaintiff treated the witness…
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Error to the Delaware common pleas. McDonald sued Edgerton in a justice’s court to recover the value of an over-coat. The defendant was an inn-keeper at Delhi, Delaware county, and the plaintiff proved by John FoIIett, that in 1844, he stop/ ped at defendant’s inn on general training day, about seven o’clock in the morning; soon after the plaintiff came and took off his over-coat; that the plaintiff gave the over-coat to the barkeeper ; that the plaintiff treated the witness and four others at the bar, and paid for the liquor. The witness knew nothing more about the over-coat; he heard the…
1Opinion of the Court
By the Court, Mason, J.
There is some conflict in the evidence in this case. The witness John Follett testified that the plaintiff came into the defendant’s tavern in Delhi, and took off his over-coat and gave it to the bar-keeper, and he thinks it *562was Woodworth he gave it to; and that plaintiff then treated three or four persons at the bar, and he thinks Woodworth helped them to the liquor; while Woodworth testified that the plaintiff did not give him the over-coat; that on the contrary, the plaintiff told him that he himself hung it up behind the front door and took him and showed him where…
2Cases cited4 opinions
- Clute v. WigginsNew York Supreme Court · 1817
- Stryker v. BergenNew York Supreme Court · 1836
- Douglass v. ClarkNew York Supreme Court · 1817
- Brown v. WildeNew York Supreme Court · 1815
3Cited by12 opinions
- Hays v. TurnerSupreme Court of Iowa · 1867
- Ingalsbee v. WoodNew York Supreme Court · 1862
- Curtis v. MurphyWisconsin Supreme Court · 1885
- Fairchild v. BentleyNew York Supreme Court · 1858
- McDaniels v. RobinsonSupreme Court of Vermont · 1856
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