Bookman v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 10, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is entitled to compensation by operation of law and independent of any request, for his services.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 10, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is entitled to compensation by operation of law and independent of any request, for his services. (Merzbach v. Mayor, etc., 163 N. Y. 16; Morgan v. City of New York, 190 N. Y. 237.) There was a complete failure of proof of the allegations of the complaint…
1Opinion of the CourtHaight, J.
The plaintiff in his complaint alleges that he was a commissioner of deeds for the city of New York, and as such, between the first day of January, 1902, and the 30th day of June, 1907, both inclusive, he, at the request of the defendant, took eleven thousand seven hundred affidavits as such commissioner of deeds, for which he demands payment at the rate of twelve cents for each affidavit taken. The answer was a general denial. Upon the trial the plaintiff was sworn as a witness in his own behalf, and gave evidence tending to show that he was a clerk in the oftiee of the commissioner of…
2Cases cited4 opinions
- O'Reiley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Morgan v. . City of New YorkNew York Court of Appeals · 1907
3Cited by18 opinions
- Spangler v. District Court of Salt Lake CountyUtah Supreme Court · 1943
- People v. LyonAppellate Division of the Supreme Court of the State of New York · 1981
- Gregg v. GreggAlaska Supreme Court · 1989
- People v. GrierAppellate Division of the Supreme Court of the State of New York · 1973
- People v. McAndrisAppellate Division of the Supreme Court of the State of New York · 2002
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