Potter v. . Carpenter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The case upon a former appeal is reported in 71 N. Y., 74. The nature of the action and the facts are set forth sufficiently in the opinion. The referee erred in finding that there was no understanding between the parties that the services should off-set each other.
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Appeal from judgment of the General Term of the Supreme-Court, in the third judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. The case upon a former appeal is reported in 71 N. Y., 74. The nature of the action and the facts are set forth sufficiently in the opinion. The referee erred in finding that there was no understanding between the parties that the services should off-set each other. (Young v. Hunt, 6 W. Dig., 180.) The performance of valuable services by one party for and at the request of another raises an implied promise to pay…
1Opinion of the CourtRapallo, J.
The plaintiffs in their complaint claim to recover upon a note made by the defendants for $1,116.44, dated April 6, 1874, given in part payment for a stock of goods sold by the plaintiffs to the defendants, and also for various items of services rendered from time to time in the years 1869, 1871, 1872 and. 1874, amounting in the aggregate to upwards of $2,000. The defendants in their answer denied the allegations as to the services, and set up as counter-claims an alleged indebtedness of the plaintiffs of $200 for the use of a barn for four years, and of $1,000 for services in teaming for the…
2Cited by13 opinions
- Ramsey v. RamseyIndiana Supreme Court · 1889
- Payne's Appeal from the Doings of CommissionersSupreme Court of Connecticut · 1895
- Gillette's AppealSupreme Court of Connecticut · 1909
- Kremmel v. SchnauferWashington Supreme Court · 1940
- Anderson v. OsbornWashington Supreme Court · 1911
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