Almond v. Hart
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Almond, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Jefferson on the 27th day of January, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Jefferson Trial Term. One Phippin had a contract with the defendants to perform certain work for them in constructing a building.
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Appeal by the plaintiff, John Almond, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Jefferson on the 27th day of January, 1899, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Jefferson Trial Term. One Phippin had a contract with the defendants to perform certain work for them in constructing a building. Phippin employed the plaintiff and his assignor, one James'S. Kieff, to work on this job. When they went to perform the labor they met the defendant Charles G.…
1Opinion of the Court
Spring, J.:
A nonsuit was granted, and the plaintiff ■ is, therefore, entitled to the most favorable construction of his case which the evidence warrants. A fair rendering of it is that he and his assignor were ■engaged by Phippin to work on the defendants’ building; that .about the time'they began their work they inquired of one of the ■defendants in respect to their pay; that he told them to go ahead ■and do the work and he" would see them paid. During the progress of the work the other defendant told them to keep to work and not to worry about their pay.
The defendants were the owners of the…
2Cases cited9 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Emerson v. SlaterSupreme Court of the United States · 1860
- White v. . RintoulNew York Court of Appeals · 1888
- Farley v. ClevelandNew York Supreme Court · 1825
- Raabe v. . SquierNew York Court of Appeals · 1895
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