Mowbray v. Gould
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank D. Mowbray, from a judgment of the Supreme Court in favor'of the defendant, entered in the office of the clerk of the county of New York on the 26th day of November, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of November, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
This is the second appeal in this action. On the first trial the plaintiff recovered a verdict, and the judgment entered thereon was reversed by this court. (63 App. Div. 158.) The action was to recover for the breach of a contract which the plaintiff alleged had been entered into between him and the defendant for the employment of the former as a valet during life. The answer denied the making of such contract, and by an amendment of that pleading allowed during the course of the second trial the defendant set up as a third and further defense that on the 15th of August, 1897,…
2Cases cited4 opinions
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Schell v. . PlumbNew York Court of Appeals · 1874
- Mowbray v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
- Huntington v. ClaflinThe Superior Court of New York City · 1863
3Cited by4 opinions
- Gherky v. State Line Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Herbert v. Wood, Dolson Co.Appellate Terms of the Supreme Court of New York · 1920
- Love v. Miami Laundry Co.Supreme Court of Florida · 1934
- Oswood v. KruidinierSouth Dakota Supreme Court · 1914