Legal Opinion · Dissent

Bottome v. Neeley

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1908Published

Appeal by the plaintiff, Willard B.. Bottome* from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York oñ the 16th day of May, 1907, reversing a judgment of the Municipal Court of the city of New York in favor of the plaintiff, entered in the office of the clerk of said court on the 31st day of January, 1907, and granting anew trial of the action.

1Dissent

Scott, J. (dissenting):

The plaintiff sues as assignee of Clarence Bonynge, a stenographer, and John S. Jenkins, a lawyer, for stenographer’s fees and referee’s fees. The complaint alleges that between certain dates the assignor Bonynge rendered and performed for the defendants work, labor and services as stenographer, at the request of said defendants, and that for said services so rendered the defendants agreed to pay said Bonynge the sum of $338.25, which is alleged to be the reasonable value of said services. It is also alleged that the assignor Jenkins *604was appointed referee by one of the…

2Cases cited3 opinions

  1. Austin v. . MunroNew York Court of Appeals · 1872
  2. Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
  3. Bottome v. AlberstAppellate Terms of the Supreme Court of New York · 1905

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