Sargent v. Sargent Granite Co.
New York Court of Common Pleas
Two actions, one by Winthrop Otis Sargent against the Sargent Granite Company to recover for services performed by plaintiff as an officer of defendant, and for moneys advanced; the other by Frank T. Sargent against the same defendant to recover for services performed by plaintiff for defendant without the scope of his official duty as an officer of defendant. A demurrer was tiled to an answer setting up two distinct defenses. Demurrer to the first defense sustained.
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Two actions, one by Winthrop Otis Sargent against the Sargent Granite Company to recover for services performed by plaintiff as an officer of defendant, and for moneys advanced; the other by Frank T. Sargent against the same defendant to recover for services performed by plaintiff for defendant without the scope of his official duty as an officer of defendant. A demurrer was tiled to an answer setting up two distinct defenses. Demurrer to the first defense sustained. Demurrer to the second defense overruled.
1Opinion of the CourtBookbtaveb, J.
The first action was brought by the plaintiff to recover of the defendant the sum of $6,500 for services performed as superintendent of certain quarries, and also the further sum of $571.55 for moneys paid out for the use of the defendant in and about its business; the complaint alleging that this was done at the special instance and request of the defendant. The second action is brought to recover the sum of $10,000 for work and services performed for the defendant at its special instance and request, -“the same being wholly unconnected with any services performed for said defendant as an…
2Cases cited12 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Pew v. First National BankMassachusetts Supreme Judicial Court · 1881
- Bowne v. JoyNew York Supreme Court · 1812
- Wheeler v. RaymondNew York Supreme Court · 1828
- Oneida County Bk. v. . BonneyNew York Court of Appeals · 1886
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3Cited by1 opinion
- Petrakion v. ArbeelyNew York Court of Common Pleas · 1893