Quin v. . Lloyd
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of New York, affirming a judgment for the plaintiff on the report of a referee.
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Appeal from a judgment of the General Term of the Superior Court of New York, affirming a judgment for the plaintiff on the report of a referee. This action was brought to recover for work, labor, and services done and performed by the intestate going to England, services there, and returning, for the defendant, on account of which the balance alleged to be due was §333.07, in gold coin, and also for the sum of $296.31, alleged to be the further indebtedness of the defendant to the intestate for services rendered in New York. The allegations of the first count of the complaint were as follows…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The referee, before whom the issues were tried, erred in excluding the receipts given by the deceased in his lifetime to the defendant, for moneys paid by him to the deceased on account.
Conceding the general rule to be that payments, either as an entire defence or in mitigation of damages, must be pleaded, this case is an exception to it.
The plaintiff, in his complaint, alleges, as the first cause of action, an employment by the defendant of Richard Quinn, the…
2Cited by48 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Proper v. StateWisconsin Supreme Court · 1893
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Hickman v. GreenSupreme Court of Missouri · 1894
- State v. MarcksSupreme Court of Missouri · 1897
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