Howarth v. Barlow
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James B. Barlow, from a judgment of the County Court of Dutchess county in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess .on the 12th day of July, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th" day of J uly, 1905, denying the defendant's motion for a new trial made .upon the minutes. * •
1Opinion of the Court
Gaynor, J.:
It seems to me that a statement of the facts shows that this judgment should be reversed.
The plaintiff was the clerk of the board of trustees of the village of Wáppingers Falls. He prepared all bills against the village for presentation to the trustees for audit. He attached a uniform wrapper or back to each, on the outside fold of which he indorsed in typewriting all the particulars of the-claim, viz., the name of the claimant, the amount of the claim, what it was for, the department that incurred it, and also the word “ Audited,” with a space under it for the president and clerk…
2Cases cited3 opinions
- Hume v. KuscheNew York Supreme Court · 1904
- Walker v. BestAppellate Division of the Supreme Court of the State of New York · 1905
- MacDonald v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1904
3Cited by5 opinions
- Dwyer v. LibertIdaho Supreme Court · 1917
- Cortright v. AndersonAppellate Division of the Supreme Court of the State of New York · 1924
- Rose v. BrownNew York Supreme Court · 1945
- Licciardi v. MolnarUnited States District Court · 1945
- Bennet v. Commercial Advertiser Ass'nNew York Supreme Court · 1919