Taylor v. Scoville
New York Supreme Court
Appeal by plaintiff from a judgment in favor of defendant entered upon the verdict of a jury in the Saratoga county court.. The action was brought in a justices’ court by Samuel J. Taylor against Amos J. Scoville to recover for work, labor and services. The plaintiff recovered a judgment in the justices’ court, from which defendant appealed to the county court, where the cause was retried and a verdict rendered for plaintiff.
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Appeal by plaintiff from a judgment in favor of defendant entered upon the verdict of a jury in the Saratoga county court.. The action was brought in a justices’ court by Samuel J. Taylor against Amos J. Scoville to recover for work, labor and services. The plaintiff recovered a judgment in the justices’ court, from which defendant appealed to the county court, where the cause was retried and a verdict rendered for plaintiff. From the judgment entered thereupon, defendant appealed to the general term, where the judgment was reversed and a new trial ordered. The case, upon that appeal, is…
1Opinion of the CourtLandon, J.
When this case was before this court, on a former appeal (54 Barb. 34), it had been tried as an action to recover damages oh account 'of the defendant’s fraud. - The judgment obtained by the plaintiff was properly reversed, because the court below had in substance charged the jury that the plaintiff could recover upon the fraud of the defendant, without showing himself injured thereby.; that is to say, not because the plaintiff had sustained damage, but because the defendant had done wrong. The action has been retried, resulting in a judgment in favor of the defendant, from which the…
2Cases cited1 opinion
- Taylor v. ScovilleNew York Supreme Court · 1868