Whelan v. . Ansonia Clock Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12,1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 27 Hun, 557.) This action was brought to recover for work alleged to have been done and performed by plaintiff for defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 12,1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 27 Hun, 557.) This action was brought to recover for work alleged to have been done and performed by plaintiff for defendant. It appeared that the parties entered into an agreement, by which plaintiff was to varnish clock cases for defendant at specified prices per case, the work to be done in defendant’s factory. Plaintiff was paid on the regular pay-days in the…
1Per curiam
It matters not whether the relation of master and servant existed between these parties, or whether the plaintiff was a contractor with the defendant to do the work upon the clocks. Upon the authority of the case of Niblo v. Binsse (3 Abb. Ct, App. Dec. 375), the defendant was liable for the work done, as the clocks belonged to it, were in its possession and under its control, and it was under an implied obligation to furnish and keep them on hand that the plaintiff could complete his work upon them and thus earn his compensation.
The judgment should be affirmed.
All concur, except Rapallo, J.,…
2Cited by10 opinions
- Young v. City of ChicopeeMassachusetts Supreme Judicial Court · 1904
- Hayes v. GrossAppellate Division of the Supreme Court of the State of New York · 1896
- Strack v. HurdNew York Supreme Court · 1891
- Purdy v. Nova Scotia Midland Ry. & I. Co.New York Court of Common Pleas · 1895
- Rhodes v. HindsAppellate Division of the Supreme Court of the State of New York · 1903
5 more not listed; retrieve them via the Exa API.