Franklin Bank-Note Co. v. Mackey
New York Supreme Court
Action by Franklin Bank-Note Company against Charles W. Mackey to recover for services performed by plaintiff for defendant. A verdict was directed for defendant, and plaintiff moves for a new trial on exceptions ordered to be heard at general term in the first instance.
1Opinion of the CourtO’Brien, J.
This action was tried at circuit, and a verdict directed for defendant, and the exceptions were ordered to be heard in the first instance at general term. The action was for work, labbr, and services in engraving and printing railway bonds and stock certificates for a corporation, the defendant having guarantied payment The defendant admitted the agreement and guaranty, but claimed that the work was not to be proceeded with until orders to that effect were given, which was never done, and that, therefore, no liability was created.
The plaintiff was a corporation engaged in the business of…
2Cited by2 opinions
- Hunter v. Royal InsuranceAppellate Division of the Supreme Court of the State of New York · 1924
- Cox v. HalloranAppellate Division of the Supreme Court of the State of New York · 1901