Beudel v. Hettrick
The Superior Court of New York City
This case comes on for hearing upon the plaintiffs exceptions to the order of the judge before whom the action was tried, dismissing the complaint. The exceptions were directed to be heard in the first instance at the general term, and judgment in the meanwhile to be suspended. Exceptions on dismissal of complaint ordered to be heard in the first instance at the general term. The plaintiff employed one.
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This case comes on for hearing upon the plaintiffs exceptions to the order of the judge before whom the action was tried, dismissing the complaint. The exceptions were directed to be heard in the first instance at the general term, and judgment in the meanwhile to be suspended. Exceptions on dismissal of complaint ordered to be heard in the first instance at the general term. The plaintiff employed one. Wagner, and in lieu of other compensation gave him one-half of the net profits; the business was done under the name of Beudel & Wagner. Wagner was “ to have no interest i/n the property,…
1Opinion of the CourtCurtis, J.
The action is to recover for work, labor and materials.
The answer states that the work was performed by the plaintiff and -one Wagner, composing the firm of Beudel & Wagner; that the latter should have been joined as a plaintiff, and also that $300 had been paid on account of the claim to the firm, and that what remains due for the work was due to the firm, and not to the plaintiff.
The plaintiff testified on the trial that the arrangement to do the work for the defendant was made by Wagner, on plaintiff’s account; that Wagner was then working in his employ; that the work commenced in March,…
2Cases cited2 opinions
- Gram v. CadwellNew York Supreme Court · 1826
- Conklin v. BartonNew York Supreme Court · 1864
3Cited by1 opinion
- Dutcher v. BuckMichigan Supreme Court · 1893