Sheary v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Lawrence Sheary and another, from’ a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Rensselaer on the ■ 26th day of November, 1901, upon .the decision of the court rendered after a trial at the Rensselaer Trial Term, a jury having been dismissed, and also from an order entered in said clerk’s office on the 29th day of October, 1901, denying the plaintiffs’ motion for a new trial made…
Read the full summary
Appeal by the plaintiffs, Lawrence Sheary and another, from’ a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Rensselaer on the ■ 26th day of November, 1901, upon .the decision of the court rendered after a trial at the Rensselaer Trial Term, a jury having been dismissed, and also from an order entered in said clerk’s office on the 29th day of October, 1901, denying the plaintiffs’ motion for a new trial made upon the minutes, and also from an order bearing date the 9th day of March, 1901, and entered in said clerk’s office,…
1Opinion of the CourtSmith, J.
This' action is brought upon a promissory note executed by the defendants, and delivered to the plaintiffs upon the 28th of- September, 1900. The defense is that the note is invalid because given for the price of beer sold by the plaintiffs and! delivered in Vermont, in violation of a statute of that State. The facts upon which this defense rests are as follows : The defendants were contractors, constructing a railroad in the State of Vermont, and employing some 1,500 men upon the work. These men boarded with certain boarding-house keepers, including, among others, two. persons named…
2Cases cited5 opinions
- Woodworth v. . BennettNew York Court of Appeals · 1871
- Merritt v. MillardNew York Court of Appeals · 1868
- Thayer v. PartridgeSupreme Court of Vermont · 1875
- Hoyt v. . CrossNew York Court of Appeals · 1888
- Alvord v. LathamNew York Supreme Court · 1859
3Cited by2 opinions
- Southwestern Shipping Corp. v. National City BankNew York Court of Appeals · 1959
- Rader v. SimmonsNew York Supreme Court · 1941