Muehlenbeck v. Babylon, North Shore Railroad
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the City of New York, Borough of Manhattan, first district, rendered in favor of the plaintiff upon a trial had before the court without a jury.
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Appeal by the defendant from a judgment of the Municipal Court of the City of New York, Borough of Manhattan, first district, rendered in favor of the plaintiff upon a trial had before the court without a jury. Action to recover on a quantum meruit the sum of $250, a balance claimed to be due for work, labor and services performed by the plaintiff in making the preliminary surveys of the defendant’s proposed line of railroad from Babylon to Northport and along Eaton’s Neck, Long Island, and preparing the map and profile of the same. The pleadings were oral and the answer a general denial. The…
1Opinion of the CourtGiegerich, J.
The evidence adduced for the plaintiff was amply sufficient to support his recovery for the services in suit, as upon a substantial compliance with the agreement entered into between the parties, and it appears to be undisputed that the amount awarded as damages was not excessive.
*137The main contention is that the defendant is not, a corporation and so may not be sued as such, the facts being that, while a certificate of incorporation under the Railroad Law was executed, filed and published by the incorporators, no certificate had been issued by the Railroad Commissioners such as was required by…
2Cases cited2 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- The Buffalo and Allegany Railroad Company v. . CaryNew York Court of Appeals · 1862
3Cited by1 opinion
- Farmingdale Steer-Inn, Inc. v. Steer Inn Realty Corp.New York Supreme Court · 1966