Minuth v. Barnwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morgan Gr. Barnwell and another, as executors, etc., of Peter Marie, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of March, 1905, as amended mmo pro tuno by an order entered in said clerk’s office on the 13th day of April, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of March, 1905, as.…
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Appeal by the defendants, Morgan Gr. Barnwell and another, as executors, etc., of Peter Marie, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of March, 1905, as amended mmo pro tuno by an order entered in said clerk’s office on the 13th day of April, 1905, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of March, 1905, as. amended nunc pro tunc by an order entered on the 13th day of April, 1905, denying the defendants’ motion for á new trial…
1Opinion of the Court
Ingraham, J.:
This action was to recover for services alleged to have been rendered by the plaintiff to the defendants’ testator. The complaint, .which Was served during the lifetime of the defendants’ testator, alleged that the defendants’ testator, being the owner of certain’ real property in the city of New York, in the month of September, 1898, employed and retained the plaintiff as an architect and designer of buildings' in- the suggestion and preparation of a plan for a twenty-story office building upon the land owned by the defendants’ testator; that “ thereupon the defendant retained…
2Cases cited3 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
- Baumann v. Manhattan Consumers' Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Green v. MessingAppellate Division of the Supreme Court of the State of New York · 1932
- Jecies v. MatsudaDistrict Court, S.D. New York · 1980
- Beldner v. Schendler Realty Co.Appellate Division of the Supreme Court of the State of New York · 1927