Benham v. Emery
New York Supreme Court
'Motion by plaintiff for a new trial founded on a case and exceptions, ordered to be heard at the General' Term, in the first instance after a trial at the. Cayuga Circuit. The defendant was permitted to enter judgment for his costs as security.
1Opinion of the Court
Barker, J.:
IJpon the trial the plaintiff made several offers of evidence all of which were overruled and an exception taken, and thereupon the plaintiff was non-suited for want of proof in support of his alleged cause of action. What was the cause of action set forth in the complaint ? It alleged three separate and distinct causes of action, and they are separately stated and numbered: First. That the plaintiff and the defendant, by her duly authorized agent, James Emery, entered into a contract or agreement with the plaintiff by which the latter promised and agreed to do the carpenter work…
2Cases cited8 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Beebee v. RobertNew York Supreme Court · 1834
- Bank of Rochester v. MonteathCourt for the Trial of Impeachments and Correction of Errors · 1845
- Heermans v. . RobertsonNew York Court of Appeals · 1876
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