Hyperlawhypertext legal database Avery v. Starbuck 57 N.Y. Super. Ct. 597

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Avery v. Starbuck

57 N.Y. Super. Ct. 597 25 Jones & S. 597 Court N.Y. Super. Ct. Decision date 1889-06-03 English

Delivered by The Court (O’Gorman, J., writing, Sedgwick, Ch. J., concurring)

Contents

Majority

p. 597
Thomas C. Avery, Respondent, v. William H. Starbuck, Appellant.
Decided June 3, 1889.

Headnote

Appeal from a judgment entered upon the verdict of a jury in favor of plaintiff, and from an order denying defendant’s motion for a new trial on the minutes.
Holmes & Adams, for appellant.
James C. Anderson, for respondent.
p. 598
Before Sedgwick, Ch. J., and O’Gorman, J. The questions involved on the appeal were whether there was sufficient evidence to sustain the verdict, and whether the decision of the trial court in denying defendant’s motion to amend the answer by setting forth in substance that since the commencement of this action and the service of the answer herein the plaintiff had prosecuted in the United States courts an action by way of libel commenced there before this action for the same cause as is here involved, and that after a trial on the merits judgment was there rendered for the defendant herein, was correct.

held, that there was sufficient evidence to sustain the verdict, and that the decision of the trial court in refusing to allow the amendment was correct, and affirmed the judgment and order appealed from with costs.