Scott v. Lilienthal
The Superior Court of New York City
This action was brought to recover for services which the plaintiff had rendered to the defendant, the executor, &e., of James Pollock as bookkeeper and accountant in the business of the testator’s estate. The complaint alleged that the defendant, upon employing the plaintiff, agreed to pay Mm at the rate -of one thousand dollars per ’ annum, so long as the employment should continue.
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This action was brought to recover for services which the plaintiff had rendered to the defendant, the executor, &e., of James Pollock as bookkeeper and accountant in the business of the testator’s estate. The complaint alleged that the defendant, upon employing the plaintiff, agreed to pay Mm at the rate -of one thousand dollars per ’ annum, so long as the employment should continue. Before the trial, the plaintiff’s attorney gave written notice to the defendant’s attorney, that if, on the trial, he encountered any serious difficulty in proving a contract, fixing the rate of…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
This is an appeal by the defendant from an order denying a motion made by him for a new trial, and also from the judgment.
The exception to the decision allowing the complaint to be amended, is untenable. The fact that the defendant employed the plaintiff is admitted by the answer. The questions, how- long the plaintiff was in the employment of the defendant, and whether he was employed at an agreed rate of compensation, were put at issue by the pleadings. The defendant averred in his answer that he never “ made any agreement whatever in respect to compensation,…
2Cases cited1 opinion
- Lamoure v. CarylNew York Supreme Court · 1847
3Cited by2 opinions
- Larson v. SchmausSupreme Court of Minnesota · 1884
- Cornish v. GraffNew York Supreme Court · 1885