Banta v. Banta
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Saratoga County. Action by George C. Banta against Peter N. Banta for breach of a parol contract for services. From a judgment dismissing the complaint, plaintiff appeals. The parties to this action are brothers; the defendant being about 77 years of age, and the plaintiff about 64 years of age.
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Appeal from Trial Term, Saratoga County. Action by George C. Banta against Peter N. Banta for breach of a parol contract for services. From a judgment dismissing the complaint, plaintiff appeals. The parties to this action are brothers; the defendant being about 77 years of age, and the plaintiff about 64 years of age. The defendant resides and has resided for many years upon a farm owned by him, and known as the “Banta Homestead,’’ at Clifton Park, in the county of Saratoga. In 1890 the plaintiff lived with his wife in Watervliet, and was employed in the Watervliet arsenal. His wife, Anna M.…
1Opinion of the CourtChase, J.
The trial court dismissed the complaint at the close of the plaintiff’s evidence without making any findings of fact. As said in Lindenthal v. Germania Life Ins. Co., 174 N. Y. 76, 66 N. E. 629:
“The learned trial judge virtually decided that the plaintiff had not produced any proof at the trial sufficient to call upon the court to consider it, and determine the facts in issue one way or the other.”
The evidence is undisputed, and plaintiff is entitled on this appeal to the most favorable consideration that can be given to the facts presented by him.
Where a person performs services under a void…
2Cases cited17 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. . DalyNew York Court of Appeals · 1875
- Crane v. . PowellNew York Court of Appeals · 1893
- Schell v. . PlumbNew York Court of Appeals · 1874
- Matthews v. . MatthewsNew York Court of Appeals · 1897
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