Gilmore v. Jacobs
New York Supreme Court
rjlHIS is an appeal from a judgment of the Cayuga county JL court affirming the judgment of a justice’s court. The action was brought before a justice of the peace, against two defendants, viz. Boswell B. Jacobs and Eliza Jacobs. At the joining of issue, the plaintiff, in his complaint, stated that he asked leave to withdraw the name of the defendant Eoswell E. Jacobs, and proceed against the defendant Eliza Jacobs.
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rjlHIS is an appeal from a judgment of the Cayuga county JL court affirming the judgment of a justice’s court. The action was brought before a justice of the peace, against two defendants, viz. Boswell B. Jacobs and Eliza Jacobs. At the joining of issue, the plaintiff, in his complaint, stated that he asked leave to withdraw the name of the defendant Eoswell E. Jacobs, and proceed against the defendant Eliza Jacobs. The court made no ruling striking out the name of said defendant, or allowing the plaintiff to withdraw the same. On the adjourned day, and before any evidence had been given on…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The defendant had a separate estate, and her husband was without means or credit, and there is considerable evidence and, I think, a decided balance in the weight of testimony tending to show that she contracted the debt for the wood in question, and that the same was sold to her, and on the credit of her separate estate ; and the jury having in effect so found by their verdict, it cannot be disturbed on the ground that it was unwarranted by the evidence. On the merits, the verdict, I think, is clearly right. The only question in respect to the correctness of…
2Cited by1 opinion
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