Gibbs v. Waring
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of Hew York rendered in favor of the defendant upon a trial by the court without a jury.
1Opinion of the CourtSeabury, J.
This action is brought to recover a balance alleged to be due for legal services rendered by the- plaintiff to the defendant. There is no doubt that the services were rendered. The question which is the subject of dispute upon this appeal relates to the claim of the defendant that there was a new contract entered into with the consent of the parties whereby the corporation known as the Yechten Waring Company was substituted as debtor in the place of the defendant. On March 26, 1907, the defendant incorporated his business under the name of the Yechten Waring Company. An agreement was entered…
2Cases cited2 opinions
- Inman v. F. N. Burt Co.Appellate Division of the Supreme Court of the State of New York · 1908
- McLaughlin v. GillingsAppellate Terms of the Supreme Court of New York · 1896
3Cited by2 opinions
- Acetate Box Corp. v. JohnsenNew York Supreme Court · 1948
- C. T. Fuller and Louisiana Stud, Inc. v. Fasig-Tipton Company, IncorporatedCourt of Appeals for the Second Circuit · 1978