Almond v. Hart
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Jefferson county. Action by John Almond against William Hart and others. From a judgment for defendants, entered on a nonsuit against plaintiff, he appeals. Reversed. 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 to work on this job.
Read the full summary
Appeal from trial term, Jefferson county. Action by John Almond against William Hart and others. From a judgment for defendants, entered on a nonsuit against plaintiff, he appeals. Reversed. 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 to work on this job. When they went to perform the labor, they" met the defendant Charles G. Hart, and Kieff testified the following conversation occurred: “As soon as we got there, I met Grant Hart. I asked him if there was money enough left in the…
1Opinion of the CourtSpring, 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 building…
2Cases cited11 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
6 more not listed; retrieve them via the Exa API.