Voorhees v. Dorr
New York Supreme Court
THIS action was commenced before a justice of the peace, who gave the plaintiff'judgment for $80, besides costs. Upon appeal it was affirmed by the county court of Livingston, and the defendant appealed to this court.
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THIS action was commenced before a justice of the peace, who gave the plaintiff'judgment for $80, besides costs. Upon appeal it was affirmed by the county court of Livingston, and the defendant appealed to this court. The cause of action stated in the complaint, is for work and labor, and money paid, laid out and expended; but, stated in evidence by the plaintiff was mainly upon a contract, by which the defendant was to pay the plaintiff $50 for permitting a suit in which he had no interest to be brought in his name. The agreement is more fully set forth in the opinion of the court.
1Opinion of the Court
By the Court, Johnson, J.
The principal question in this case, is, whether the agreement between the plaintiff and the defendant, for the prosecution of the action in this court, in the name of the former, against McCartney, can be enforced. According to the verdict of the jury the *585transaction was this: Canfield claimed to have a demand against McCartney, which he wished to have prosecuted, as he was about to leave the state. It was finally arranged between the plaintiff and defendant, and Canfield, that the latter should assign his claim, to the plaintiff, and that the defendant should…
2Cases cited1 opinion
- Sedgwick v. . StantonNew York Court of Appeals · 1856
3Cited by6 opinions
- Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
- Richardson v. RowlandSupreme Court of Connecticut · 1873
- Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881
- Churchwell v. StateSupreme Court of Georgia · 1942
- Fowler v. CallanNew York Court of Common Pleas · 1884
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