Cutter v. . Morris
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order-made October 15, 1886, which affirmed a judgment entered upon an order dismissing the complaint “ on the merits ” on a trial.
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Appeal from judgment of the General Term of the Supreme-Court in the first judicial department, entered upon an order-made October 15, 1886, which affirmed a judgment entered upon an order dismissing the complaint “ on the merits ” on a trial. This action was brought by the plaintiff to recover the sum of $1,262.08, which he alleged was the reasonable value of his services as an architect, rendered for the defendant at her request in preparing plans, making estimates and superintending the erection of an addition to her house at Throgg’s Heck, Hew York. At the close of the evidence given in…
1Opinion of the CourtVann, J.
According to the pleadings the burden of proof was on the plaintiff to establish as a fact that he rendered the services in question upon the employment or at the request of the defendant. It was not disputed that the plaintiff rendered services of the nature described in the complaint for some one; that they were rendered in erecting an addition to a dwelling-house owned and occupied by the defendant; that she knew that this improvement was to be made upon her property through the agency of the plaintiff, and that subsequently she knew that the work was in progress under his supervision. It…
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- Winkler v. SchlagerNew York Supreme Court · 1892
- Dorsey v. PikeNew York Supreme Court · 1890
- Mollineaux v. ClappAppellate Division of the Supreme Court of the State of New York · 1904
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