Carney v. Penn Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph P. Carney, from an order of the Supreme Court, made at the Richmond Special Term and entered in the office of the clerk of the county of Richmond on the 15th day of October, 1915, denying his motion for a new trial herein upon the ground of newly-discovered evidence. The action was to recover for personal services claimed to have been rendered in superintending the remodeling of a building, known as The Richmond, into a modern apartment house.
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Appeal by the plaintiff, Joseph P. Carney, from an order of the Supreme Court, made at the Richmond Special Term and entered in the office of the clerk of the county of Richmond on the 15th day of October, 1915, denying his motion for a new trial herein upon the ground of newly-discovered evidence. The action was to recover for personal services claimed to have been rendered in superintending the remodeling of a building, known as The Richmond, into a modern apartment house. The defense was a denial of the special employment claimed. It is also asserted that the services were volunteered in…
1Opinion of the Court
Putnam, J.:
The learned referee failed to find that the conversation which plaintiff swears he had with John C. Martin, since deceased, did not take place. In his decision he questioned the authority of John 0. Martin, who was the corporate treasurer, to make such a contract. When the plaintiff rested and a motion to dismiss was made on this ground, the referee denied it. But in his report he stated as the first and crucial question “ whether there was ever any agreement on the part of the corporation, or any authority to the defendant to employ him to do the acts which he claims to have done.…
2Cases cited2 opinions
- Goss v. GossAppellate Division of the Supreme Court of the State of New York · 1911
- Butterly v. DeeringAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by3 opinions
- In re the Election of Directors of P. F. Keogh, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Fine v. LoewNew York Supreme Court · 1957
- Cuppy v. WardAppellate Division of the Supreme Court of the State of New York · 1919