Morgan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Few York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 20th day of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of Few York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Few York on the 20th day of December, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes. The action is brought by the plaintiff, the chief messenger in the bureau of buildings in the city of New York, to recover fees as a commissioner of deeds for taking affidavits at the alleged instance and…
1Opinion of the Court
Hatch, J.:
The facts in this case cannot distinguish it from the case as made in McCabe v. City of New York (77 App. Div. 637; affd. by the Court of Appeals, 176 N. Y. 587). The fact that the affidavits were taken in the morning before business hours does not change the result any more than the rendition of other services charged upon the plaintiff performed either before or after office hours would authorize extra compensation. What plaintiff did was done in the performance of his duties as chief messenger. They were charged upon him by specific direction, and he performed them as service…
2Cases cited2 opinions
- McCabe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- McCabe v. . City of New YorkNew York Court of Appeals · 1903
3Cited by1 opinion
- State v. StockwellNorth Dakota Supreme Court · 1911