Hart v. . Kip
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 December 20,1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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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 December 20,1893, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The exceptions to the finding of fact that the defendant on May 28, 1890, departed from the state of New York and resided out of said state, and continuously remained absent therefrom until November 23, 1892, and to the conclusion of law, that the time of the defendant’s continuous…
1Opinion of the CourtO’Brien, J.
The plaintiff has recovered upon a claim for services as janitor of a building belonging to the defendant. It is alleged that the services commenced May 1, 1879, and continued till March 1, 1890, when they terminated. The services were rendered, as the plaintiff claims, under an agreement between the parties whereby the plaintiff was to be paid $20 per month.
This action was commenced on the 17th of February, 1893, and one of the defenses interposed is the Statute of Limitations. There was also a general denial and an allegation of payment. The plaintiff, during all the time, had apartments in…
2Cases cited3 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- De Meli v. . De MeliNew York Court of Appeals · 1890
- People v. . PlattNew York Court of Appeals · 1889
3Cited by13 opinions
- Connecticut Trust & Safe Deposit Co. v. WeadNew York Court of Appeals · 1902
- Mack v. MendelsNew York Court of Appeals · 1928
- Loken v. MagrumNorth Dakota Supreme Court · 1986
- Bennett v. WatsonAppellate Division of the Supreme Court of the State of New York · 1897
- Costello v. DownerAppellate Division of the Supreme Court of the State of New York · 1897
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