Noe v. . Christie
New York Court of Appeals
Appeal by the defendant Christie from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the plaintiff, entered on' the report of a referee.
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Appeal by the defendant Christie from a judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the plaintiff, entered on' the report of a referee. The action was brought for the recovery of $1,246, the balance of the sum of $2,146, collected by the defendants as claim agents and brokers from the government of the United States on the employment of the plaintiff, after allowing $100 for their services in making the collection and crediting the sum of $800 paid on account thereof. The defendant Christie set up as one defence that the money…
1Opinion of the Court
Lott, Ch. C.
The referee to whom the issues in the action were referred for trial has found, as facts, that the money in question was collected by the defendants on the employment of the plaintiff, and under an agreement to account with him therefor; that no specific sum was agreed to be paid for their services, and that $225 was a fair and adequate compensation therefor; that payments to a certain sum had been'made to the plaintiff, on account, leaving a balance due and unpaid, and that there was never an accord and satisfaction between the parties whereby the said balance was paid or…
2Cases cited1 opinion
- Day v. . RothNew York Court of Appeals · 1858
3Cited by13 opinions
- Grammel v. CarmerMichigan Supreme Court · 1884
- Turnis v. BallouSupreme Court of Iowa · 1925
- Hudson v. ArcherSouth Dakota Supreme Court · 1893
- Smith v. CranfordNew York Supreme Court · 1895
- Russ v. . HarperSupreme Court of North Carolina · 1911
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