Legal Opinion · Dissent

Oliver v. McArthur

Appellate Division of the Supreme Court of the State of New York

Decided July 8, 1913Published

Appeal by the defendant, John W. McArthur, from a judgment of the County Court of Delaware county in favor of the plaintiff, entered in the office of the clerk of said county on the 30th day of December, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial.

1Dissent

Smith, P. J. (dissenting):

This action was brought to recover a balance claimed to be due on account of services as a farm hand rendered during the season of 1911 between the first day of February and the third day of October. The contract of hiring was a verbal one, the respondent claiming that he was to work eight months, *244beginning February first and ending October first, and was to receive twenty dollars per month, for the first three months and twenty-five dollars per month for the remaining five months. Appellant testified that respondent was to work for twenty dollars during the month of…

2Cases cited12 opinions

  1. Smith v. . BradyNew York Court of Appeals · 1858
  2. Tipton v. . FeitnerNew York Court of Appeals · 1859
  3. M'Millan v. VanderlipNew York Supreme Court · 1815
  4. Lantry v. ParksCourt for the Trial of Impeachments and Correction of Errors · 1827
  5. People Ex Rel. Cossey v. . GroutNew York Court of Appeals · 1904

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