Mahony v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Heman Clark and James W. Dwyer, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of Queens on the 10th day of June, 1895, upon the verdict of a jury rendered after1 a trial at the Queens County Circuit, and also from an order entered in said clerk’s office on the 12th day of July, 1895, denying the. defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Brown, P. J.:
The complaint in this action sets forth five separate causes of action, upon two of which the plaintiff recovered.
There was ample testimony to support the conclusion of the jury, and we find no reason to disturb the verdict on the facts. The Statute of Limitations was pleaded as a defense to all the causes of action alleged in the complaint.
The first cause of action was for services performed by the plaintiff for the defendants in superintending the excavation of a cut on a railroad in process of construction near Oyster Bay, in Queens county, between June 9 and November 1, 1888,…
2Cited by3 opinions
- Burdick v. HicksAppellate Division of the Supreme Court of the State of New York · 1898
- Burdick v. HicksAppellate Division of the Supreme Court of the State of New York · 1898
- In re the Final Accounting of HayesNew York Supreme Court · 1902