Weir v. Hill
New York Supreme Court
This action was commenced in a. justice’s court in Allegany county, on the 30th of May, 1867. Upon the trial before the justice the defendant had judgment for costs. The plaintiff thereupon appealed to the County Court, where the action was again tried, and a verdict recovered by the plaintiff’ for ninety-six dollars. A motion was made for a new trial by the defendant, and denied, and judgment was recovered on the verdict by plaintiff.
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This action was commenced in a. justice’s court in Allegany county, on the 30th of May, 1867. Upon the trial before the justice the defendant had judgment for costs. The plaintiff thereupon appealed to the County Court, where the action was again tried, and a verdict recovered by the plaintiff’ for ninety-six dollars. A motion was made for a new trial by the defendant, and denied, and judgment was recovered on the verdict by plaintiff. The defendant thereupon appealed from both the order and judgment to this court.
1Opinion of the Court
By the Court
— Daniels, J.
This was a strict action at law, brought for the recovery of damages for the non-perform-once of a contract made by the defendant for the benefit of the plaintiff, and he must recover, if he can recover at all, according to the legal, ast distinguished from the equitable principles of the law. The contract which it was alleged the defendant had made, and failed to perform, was not in writing. Neither was any note or memorandum of it put in *279writing and subscribed by the defendant who was to be charged by its terms. As the plaintiff stated it in his complaint, and the…
2Cases cited4 opinions
- O'Gara v. . EisenlohrNew York Court of Appeals · 1868
- Broadwell v. GetmanNew York Supreme Court · 1846
- Dodge v. . CrandallNew York Court of Appeals · 1864
- Bartlett v. WheelerNew York Supreme Court · 1864
3Cited by1 opinion
- Van Woert v. Albany & Susquehanna RailroadNew York Supreme Court · 1873