Young v. . Farwell
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 28, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 28, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term, and an order denying a motion for a new trial. This action was brought to recover the reasonable value of services rendered by the plaintiff to the defendants, a firm engaged in the dry goods business in the city of Chicago, state of Illinois, between June 30, 1880, and January 1,1890. The respondent, who alone was served, answered that…
1Opinion of the CourtGray, J.
Whatever might be said with respect to the right of the plaintiff to recover upon a quantum meruit, when his proof discloses an express contract between himself and the defendants, which provided for a definite salary to be ]3aid, it becomes unnecessary to discuss that question; for the reason that it is our opinion that the judgment of the Illinois court was a conclusive adjudication against the plaintiff’s present claim. It adjudged that there was no contract made for a compensation over and above the fixed salary. As the issue was framed in the Illinois suit, the precise question was…
2Cases cited1 opinion
- Stannard v. . HubbellNew York Court of Appeals · 1890
3Cited by8 opinions
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Greene v. County of NiagaraNew York Court of Appeals · 1901
- Frost v. Bankers Commercial Corp.Court of Appeals for the Second Circuit · 1952
- Furman v. FurmanNew York Supreme Court · 1941
- Foster v. Wm. A. White & SonsAppellate Division of the Supreme Court of the State of New York · 1935
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