Legal Opinion

Shelmire v. Williams & Clark Fertilizer Co.

New York Supreme Court

Decided April 15, 1893PublishedCited by 1 opinion

Appeal from Monroe county court. Action by Louis J.- Shelmire against the Williams & Clark Fertilizer Company for salary alleged to be owing plaintiff under a written contract with defendant. The action was originally brought in the municipal court for the city of Rochester, where there was a judgment in defendant’s favor. On appeal to the county court, there was a verdict in plaintiff’s favor.

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Appeal from Monroe county court. Action by Louis J.- Shelmire against the Williams & Clark Fertilizer Company for salary alleged to be owing plaintiff under a written contract with defendant. The action was originally brought in the municipal court for the city of Rochester, where there was a judgment in defendant’s favor. On appeal to the county court, there was a verdict in plaintiff’s favor. From a judgment entered thereon, and from an order denying defendant’s motion for a new trial, made on the judge’s minutes, defendant appeals.

1Opinion of the CourtMacomber, J.

This action was originally brought in the municipal court of the city of Rochester, and, on the trial thereof before one of the judges of that court, resulted in a decision in favor of the defendant upon the merits. On appeal by the plaintiff from such judgment, demanding a new trial, the case was retried in the county court of Monroe county before the county judge, and a jury, and resulted in a verdict in favor of the plaintiff for the amount claimed in the complaint, and to which the plaintiff was entitled, provided he had - any right of action. The action was brought to recover the…

2Cases cited1 opinion

  1. Martin v. MartinNew York Court of Common Pleas · 1892

3Cited by1 opinion

  1. Dormos v. VassilasAppellate Terms of the Supreme Court of New York · 1907

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