Mensing v. Birnoaum
New York Court of Common Pleas
Appeal from fourth district court. Action by Henry Mensing against Charles Z. Bimoaum to recover damages for defendant’s alleged breach of a contract of employment with plaintiff’s assignor. There was a judgment in favor of defendant, and plaintiff appeals.
1Opinion of the CourtBischoff, J.
Plaintiff sued as assignee of one Hampton, an actor, to recover damages for the alleged breach of a contract of employment to perform at defendant’s museum for one week, commencing May 1st, for $75, defendant having refused to receive the services on the day mentioned. The court below rendered judgment for defendant. The contract of employment was denied by defendant, and it was thus incumbent upon plaintiff to establish it by sufficient evidence. Towards that end, plaintiff proved that the contract was made with one Lyman, who assumed to act for defendant, and that Lyman claimed to act upon…
2Cases cited2 opinions
- Carroll v. TuckerNew York Court of Common Pleas · 1893
- Broadway & Seventh-Avenue Railroad v. MetzgerNew York Court of Common Pleas · 1891