Sier v. Bache
New York Court of Common Pleas
Appeal from eleventh district court. Action by Louis Sier against James H. Bache. From a judgment in favor of plaintiff, rendered by a justice, without a jury, defendant appeals. Affirmed. The action was for work, labor, and services. The defendant set up the defense of payment and tender and counterclaim, the basis of the defense being an alleged agreement by the plaintiff to pay defendant for certain medical services rendered to plaintiff’s servant.
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Appeal from eleventh district court. Action by Louis Sier against James H. Bache. From a judgment in favor of plaintiff, rendered by a justice, without a jury, defendant appeals. Affirmed. The action was for work, labor, and services. The defendant set up the defense of payment and tender and counterclaim, the basis of the defense being an alleged agreement by the plaintiff to pay defendant for certain medical services rendered to plaintiff’s servant. It appeared that defendant had presented his bill to the plaintiff’s foreman or bookkeeper, and also a check for $5.85, the difference between…
1Opinion of the CourtBischoff, J.
Nothing appears from the record in support of the appellant’s contention that the justice’s determination in favor of the plaintiff was based upon the provisions of the statute of frauds with reference to a verbal contract to answer for the debt of another. The question litigated was whether or not a contract to pay for certain services had been made, and upon this question the evidence was conflicting, and was not, we consider, of a convincing character in favor of the defendant, sufficient to justify a reversal of the judgment upon that ground. Weiss v. Strauss, (Com. Pl. N. Y.) 14 N. Y.…
2Cases cited4 opinions
- Ward v. SmithSupreme Court of the United States · 1869
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Snook v. . LordNew York Court of Appeals · 1874
- Woods v. FrancklynNew York Court of Common Pleas · 1892
3Cited by3 opinions
- Fleming v. RyanNew York Court of Common Pleas · 1894
- L'Artiste Pub. Co. v. WalkerNew York Court of Common Pleas · 1895
- Roberge v. MonheimerAppellate Terms of the Supreme Court of New York · 1897