Legal Opinion

McReynolds v. Manger

Appellate Terms of the Supreme Court of New York

Decided November 18, 1903Published

Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by William E. McReynolds against William Manger and others. From a judgment for plaintiff, defendants appeal. Affirmed.

1Opinion of the CourtBischoff, J.

Upon the agreed state of facts the defendants’ liability for the services rendered by the plaintiff as an unofficial stenographer was properly determined. Without a stipulation, the fees of the stenographer could not become a part of the referee’s charges, which were limited to the statutory per diem compensation; and the .parties, when accepting the stenographer’s services, must be deemed t<p have known that the referee was not the employer, unless it were assumed that he was causing the services to be rendered at his personal expense. The situation disclosed negatived such an understanding,…

2Cases cited2 opinions

  1. Coale v. SuckertAppellate Terms of the Supreme Court of New York · 1896
  2. Bormay v. RessNew York Supreme Court · 1899

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