Russell v. Bardes
New York Supreme Court
Appeal from Richmond county court. Action by George E. Russell and Amos Manseau against Frederick B. Bardes for work done and material furnished by "plaintiffs, as copartners, in repairing defendant’s premises.
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Appeal from Richmond county court. Action by George E. Russell and Amos Manseau against Frederick B. Bardes for work done and material furnished by "plaintiffs, as copartners, in repairing defendant’s premises. Plaintiff Russell, a carpenter and builder, being indebted to defendant, a butcher and grocer, to the amount of $174 for supplies furnished to Russell’s family, agreed to make certain repairs on defendant’s stable in payment of such amount and such future advances as defendant might make. Before commencing the work, Russell entered into a partnership with plaintiff Manseau for the…
1Opinion of the CourtPratt, J.
This is an appeal from a judgment entered upon the verdict of a jury in the county court of Richmond county. There is also an appeal from the taxation of costs. The jury, in effect, found that the claim for which the suit was brought arose under a special contract between the plaintiff Russell individually and the defendant, and the evidence supports that finding. If there was a special contract that Russell should do the work specified in payment of a debt which he then owed the defendant, and also m payment of such further advances in merchandise as the defendant might sell Russell,…
2Cases cited2 opinions
- Matteson v. BloomfieldNew York Supreme Court · 1833
- Burdick v. HaleNew York Supreme Court · 1883