Fells v. Vestvali
New York Court of Appeals
Action upon a quantum meruit for services alleged to have been rendered by the plaintiff for defendants. It was tried at the October Circuit, 1858, by Mr. Justice Clerke and a jury. The plaintiff gave evidence tending to show a joint retainer on the part of defendants of him as their agent, the length of time he was so employed, and the value of his services.
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Action upon a quantum meruit for services alleged to have been rendered by the plaintiff for defendants. It was tried at the October Circuit, 1858, by Mr. Justice Clerke and a jury. The plaintiff gave evidence tending to show a joint retainer on the part of defendants of him as their agent, the length of time he was so employed, and the value of his services. The defendants gave evidence tending to disprove the alleged joint retainer or any retainer, as agent and also tending to show a settlement between the parties, and payment of whatever services had been rendered. At the close of the…
1Opinion of the CourtDavis, J.
There was no error committed by the court at the trial. On the question of joint liability of defendants the evidence was conflicting but by no means conclusive on either side. The plaintiff - gave enough evidence tending to prove a joint employment to entitle him to go to the jury on that question. It was not the duty of the court to do otherwise than submit the question as one of fact to the jury; and there is no complaint but that this was fairly done. •
On the issue as to a settlement between the parties the same remarks are applicable. The conflicting evidence presented no legal…
2Cited by9 opinions
- Burgess v. HelmNevada Supreme Court · 1898
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Kronau v. WeisburgAppellate Division of the Supreme Court of the State of New York · 1912
- Newcombe v. HymanAppellate Terms of the Supreme Court of New York · 1896
- Barnes v. American China Development Co.Appellate Division of the Supreme Court of the State of New York · 1909
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