Taylor v. Scoville
New York Supreme Court
HIS cause originated in a justice’s court. The action was for obtaining work and labor by false and fraudulent representations. The answer was a denial, special agreement and breach, misconduct, negligence, damage, and recoupment.
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HIS cause originated in a justice’s court. The action was for obtaining work and labor by false and fraudulent representations. The answer was a denial, special agreement and breach, misconduct, negligence, damage, and recoupment. The representations averred in the complaint were, that at the time of hiring, the defendant represented that he was the owner of a farm, describing it, a brewery, a house of the value of $1000, and other property; was solvent and worth a large amount of money; that relying upon such statements the plaintiff worked, &c. On the trial before the justice the plaintiff…
1Opinion of the Court
By the Court,
James, J.
The grounds on which a new trial was asked do not appear in the motion or the case. The appellate court ought to be informed of the grounds of a motion, the determination of which it is asked to review and reverse. Why did the defendant move for a new trial ? For aught that appears, it may have been for some irregularity in impanneling the jury; or it may have been upon exceptions, or for insufficient evidence, or excessive damages; as we are not informed, we cannot know unless it can be spelled out from the case.
*36The ease contains several exceptions to the reception and…
2Cases cited1 opinion
- Nichols v. BainNew York Supreme Court · 1864
3Cited by3 opinions
- Foley v. Western N. Y. & P. R.Superior Court of Buffalo · 1892
- Tallman v. American Express Co.New York Supreme Court · 1876
- Taylor v. ScovilleNew York Supreme Court · 1874