Noonan v. Luther
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, 'Thomas O. Luther, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 22d day. of October, 1906, upon the 'verdict of a jury, and also from an order entered in . said clerk’s office on'the 16th day of November, 1906, denying' the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, 'Thomas O. Luther, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 22d day. of October, 1906, upon the 'verdict of a jury, and also from an order entered in . said clerk’s office on'the 16th day of November, 1906, denying' the defendant’s motion for a new trial made upon the minutes. The action is brought for assault claimed to have been committed upon the plaintiff by the defendant on the 13tli day . of August, 1906. The defendant was keeping a summer hotel on Saratoga lake. The…
1Opinion of the Court
Per Curiam :
Whether the defendant had a right in any event to remove the plaintiff from his premises by force and whether, .if that right existed, he' used more force than was necessary for that purpose, were the two questions submitted by the learned trial judge to the' jury. Defendant’s contention was that a difference arose between him and the plaintiff as to the amount of money that was owing to her; that the plaintiff began in an excited way to say, “ I want my money, I want my money,” and to cause disturbance before his .guests ; that he warned her to desist and leave the premises,…
2Cited by5 opinions
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Clemens v. StateWisconsin Supreme Court · 1922
- Noonan v. LutherAppellate Division of the Supreme Court of the State of New York · 1908
- People v. AngeloNew York Supreme Court · 1926
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967