Moore v. Trimmer
New York Supreme Court
that it creates no issue requiring a jury trial, under section 3068, which provides for such a trial in the county court on an appeal from, a justice, when an issue of fact was joined in the justice’s court, and the judgment demanded exceeds §50. Appeals from Monroe county court. William Moore, overseer of the poor for the town of Parma, brought four actions before a justice, against David Trimmer, for the statutory penalty of $50, for a violation of the excise laws.
Read the full summary
that it creates no issue requiring a jury trial, under section 3068, which provides for such a trial in the county court on an appeal from, a justice, when an issue of fact was joined in the justice’s court, and the judgment demanded exceeds §50. Appeals from Monroe county court. William Moore, overseer of the poor for the town of Parma, brought four actions before a justice, against David Trimmer, for the statutory penalty of $50, for a violation of the excise laws. Defendant filed a counter-claim, alleging that plaintiff was indebted to him in the sum of $100, money advanced to plaintiff…
1Opinion of the CourtMacomber, J.
The action was brought before a justice of the peace in
the town of Parma, to recover the statutory penalty of $50 for the violation of the excise law. Among the defenses set up by the defendant was a counterclaim setting forth an alleged contract with the plaintiff to the effect that the plaintiff, as overseer of the poor, was, and still is, justly indebted to the defendant in the sum of $100, for moneys advanced by the defendant to the plaintiff, as overseer of the poor, on an agreement that the same was to be refunded to the defendant if at any time any action should be brought against the…
2Cited by3 opinions
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
- Baum's Castorine Co. v. ThomasNew York Supreme Court · 1895
- Hagin v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905