Livingston Middleditch Co. v. New York College of Dentistry
Appellate Terms of the Supreme Court of New York
Appeal from an order of the General Term of the City Court of the city of New York, and a judgment entered thereon, affirming a judgment dismissing the complaint herein.
1Opinion of the CourtO’Gobmah, J.
Plaintiff, a printer, sued the defendant for a balance of $538.67, due for services rendered and materials furnished at its request through one Frank F. Vanderveer, its attorney. The performance of the work, its value, and non-payment are not in dispute. A payment of $300 on account of the work had been made by defendant’s check to the order of its attorney who indorsed it over to the plaintiff. The only question litigated was whether the defendant or its attorney was liable for the balance due. The attorney urges that he, alone, is liable, but there was no distinct agreement that the…
2Cases cited2 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Judson v. . GrayNew York Court of Appeals · 1854
3Cited by3 opinions
- Argus Co. v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1907
- Batavia Times Publishing Co. v. HallNew York Supreme Court · 1927
- Hale v. McDermottAppellate Terms of the Supreme Court of New York · 1912