Gates v. Davenport
New York Supreme Court
APPEAL from a judgment of the Steuben county court, affirming a judgment of a justice of the peace. The action before the justice was brought by Gates against Davenport. The complaint was upon an account for work and labor done by one Byerson Clark for the1 defendant, which account was assigned by Clark to the plaintiff. The evidence on the trial showed that Clark was under twenty-one years of age when the services were performed.
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APPEAL from a judgment of the Steuben county court, affirming a judgment of a justice of the peace. The action before the justice was brought by Gates against Davenport. The complaint was upon an account for work and labor done by one Byerson Clark for the1 defendant, which account was assigned by Clark to the plaintiff. The evidence on the trial showed that Clark was under twenty-one years of age when the services were performed. The remaining facts are sufficiently stated in the opinion of the court. The plaintiff recovered judgment before the justice for $30.34 damages and costs, which was…
1Opinion of the Court
By the Oourt, Welles, J.
The judgment of the county court should be affirmed. When the account was assigned by Byerson Clark to the plaintiff, the former was over twenty-one years old. Whatever claim he had against the defendant, therefore, he had a right to assign.
As to his right, after he became of age and before the assignment, to maintain an action upon the claim, I think the evidence would justify the justice in finding that during *161the time he worked for the defendant he had no father living. There is no evidence showing that he had one. He swore that during that time his mother was…
2Cited by1 opinion
- Ellison v. JonesNew York Supreme Court · 1891