Jones v. Palumbo
New York Court of Common Pleas
Appeal from Fifth district court. Action by George H. Jones against Theodore Palumbo to recover a balance alleged to be due plaintiff for work, labor, services, and materials furnished as a plumber. The pleadings were oral, and the defenses pleaded were a general denial, payment, and nonjoinder of parties defendant. From a judgment in favor of plaintiff, rendered by the justice without a jury, defendant appeals. Affirmed.
1Opinion of the CourtGiegerich, J.
The defendant seeks a reversal of the judgment solely upon the facts, there being no error of law charged. The main question litigated upon the trial was whether the work was done for the defendant, or for the partnership of which he claims to have been a member. The plaintiff testified that about July, 1892, the defendant ordered the work to be done; and that the services and materials were rendered and furnished during a period from July, 1892, to February, 1893; and that the bill amounted to' $170.77, upon which $51 was paid on account, leaving a balance due of $119.77. The plaintiff…
2Cases cited2 opinions
- Lynes v. HickeyNew York Court of Common Pleas · 1893
- McLaughlin v. O'TooleNew York Court of Common Pleas · 1892