Gutierrez v. Garcia
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Jacinto Laria Gutierrez against Alvaro Garcia and another. From a judgment for defendants upon the verdict of a jury, and from an order denying a motion for a new trial, plaintiff appeals. Reversed, and a new trial ordered.
1Opinion of the CourtGerard, J.
This action was brought by plaintiff against the defendants to recover the sum of $825 deposited by the plaintiff with the defendants.
It appears that the plaintiff was in the employ of the defendants for a number of years, and that they took charge of his earnings for him. The plaintiff went to Spain, from whence he came, and thereafter, according to the story of the defendants, two letters were received by them in the same envelope. One of these letters was from the plaintiff, and asked defendants to send him. the $825. The other letter purported to come from plaintiff’s father, and stated…
2Cases cited3 opinions
- Ryan v. . WardNew York Court of Appeals · 1872
- Komp v. . RaymondNew York Court of Appeals · 1903
- Ross v. . McCaldinNew York Court of Appeals · 1909