Le Baron v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frances E. Barker, as sole surviving executrix and trustee, etc., from a judgment of the Municipal Court of the city of New Fork, borough of Brooklyn, in favor of the plaintiff, rendered on October 17, 1910.
1Opinion of the Court
Jenks, P. J.:
This appeal is from a judgment of the Municipal Court for work, labor and services. The plaintiff complains that the defendant, as executor and trustee under the will of Barker, has possession, control and management of the said premises, and that the work, labor and services were performed in said premises at the special instance and request of the defendant, who promised and agreed to pay therefor $365, the fair and reasonable value thereof. The answer is a general denial, save as to the status of the defendant, and a *493defense that the work was begun under a written contract,…
2Cases cited2 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Brackett v. OstranderAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Decillis v. MascelliAppellate Division of the Supreme Court of the State of New York · 1912
- Rosenberg v. JeffersonAppellate Terms of the Supreme Court of New York · 1917