Hallenbeck v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Egbert Z. Smith, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 13th day of October, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of ¡November, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
This action was brought to recover the balance of an account for the board of workmen and for supplies furnished to the defendants, who, it is alleged, were partners. An answer of general denial was interposed by Egbert Z. Smith only.
The appellant urges that the judgment should be reversed for failure of proof that any goods were sold or were delivered at any agreed price, or that any board was furnished at any agreed price or for any time, or that there was any value of goods or worth of board. The plaintiff replies that'under a stipulation the only issue tried was that of…
2Cases cited4 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Bleakley v. . SullivanNew York Court of Appeals · 1893
- Griffin v. CarrAppellate Division of the Supreme Court of the State of New York · 1897