Lacy v. . Getman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 2, 1888, which affirmed a judgment in favor of plaintiff, entered upon á verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated. . in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 2, 1888, which affirmed a judgment in favor of plaintiff, entered upon á verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the facts are sufficiently stated. . in the opinion. Where performance of a contract for personal services is rendered impossible by the death of one of the parties, no recovery can be had for services not already rendered. (Farrow v. Wilson, L. R. [4 C. P.] 744; People v. G. M. L. Ins. Co., 91 N. Y.…
1Opinion of the CourtFinch, J.
The relation of master and servant is no longer bounded by its original limits. It has broadened with the advance of civilization" until the law recognizes its existence in new areas of social and business life, and yields in many directions to the influence and necessities of its later surround ings. When, therefore, it is said generally, as the commentators mostly agree in saying, that the contract relations of principal and agent, and of master and servant, are dissolved jby the death of either party, it is very certain that the statefment must be limited to cases in which the relation may…
2Cases cited2 opinions
- Wolfe v. . HowesNew York Court of Appeals · 1859
- Fahy v. NorthNew York Supreme Court · 1855
3Cited by38 opinions
- Sargent v. . McLeodNew York Court of Appeals · 1913
- Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
- May v. New York Motion Picture Corp.California Court of Appeal · 1920
- Assets Realization Co. v. . RothNew York Court of Appeals · 1919
- Matter of Buccini v. Paterno Const. Co.New York Court of Appeals · 1930
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