Connor v. Philo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John- Connor,. from a judgment of the County Court of Washington county, entered in the office of tlie clerk off said county on the 15th day of September, 1906, reversing a judgment of'a justice of the peace .of the town of Greenwich in favor of the plaintiff, entered on the 19th day of May, 1906. The allegations of the complaint are as follows: First.
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Appeal by the plaintiff, John- Connor,. from a judgment of the County Court of Washington county, entered in the office of tlie clerk off said county on the 15th day of September, 1906, reversing a judgment of'a justice of the peace .of the town of Greenwich in favor of the plaintiff, entered on the 19th day of May, 1906. The allegations of the complaint are as follows: First. That the plaintiff was 'employed by the defendant, and rendered services for said defendant from the 30th day of September, 1901, to the 1st day of May, 1902, at the agreed- compensation of $1.25' per dayand that the…
1Opinion of the Court
Chester, J.:
The County Court was of the opinion that' the trial in the justice’s Court had proceeded on the theory that the action was one for conversion and not upon a contract. If that supposition was correct the reversal was right, as no cause of action in tort was proven. But we are unable to see from this record that the action was tried solely as one for conversion. The complaint in the first paragraph states a complete cause of action upon contract.' This cause of action was supported by sufficient proof upon the trial. It is true that in the other paragraphs of the complaint an…
2Cases cited3 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Cohn v. BeckhardtNew York Supreme Court · 1892
- Town of Green Island v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Teledyne Exploration Company v. DickersonMississippi Supreme Court · 1971
- Southeastern Express Co. v. NamieMississippi Supreme Court · 1938