Devlin v. Woodgate
New York Supreme Court
THIS was an appeal from a judgment entered upon the verdict of a jury, after a trial at the circuit, in an action for work and labor. The jury found in favor of the plaintiff, and the defendant appealed.
1Opinion of the CourtWelles, J.
The plaintiff’s evidence tended to show that on the second day after he commenced working for Cavenagh, he refused to continue the work for him, or at all, except upon the faith of the promise of the defendant to pay him for it. The plaintiff swears on his direct examination, that the defendant told him to go on with the work, and that he should be paid. He says, also, that Cavenagh was the contractor, hut that he did not like to go on for him, and refused to go on till defendant promised to pay him. It does not appear what the plaintiff’s contract with Cavenagh was, *253except that he commenced…
2Cited by5 opinions
- Gallagher v. . NicholsNew York Court of Appeals · 1875
- Antonio Altimari, Inc. v. HochbergNassau County District Court · 1969
- Schultz v. CohenThe Superior Court of the City of New York and Buffalo · 1895
- Gallagher v. NicholsNew York Court of Appeals · 1875
- Schultz v. CohenSuperior Court of Buffalo · 1895