Pendleton v. Empire Stone Dressing Co.
New York Court of Appeals
Appeal from a judgment of the Superior Court of the city of New York. The action was brought to recover compensation for the services of Horace Andrews, as assistant treasurer Of the defendant, from October, 1850, to January, 1853; Andrews having sold and assigned the claim to such compensation to the plaintiff.
Read the full summary
Appeal from a judgment of the Superior Court of the city of New York. The action was brought to recover compensation for the services of Horace Andrews, as assistant treasurer Of the defendant, from October, 1850, to January, 1853; Andrews having sold and assigned the claim to such compensation to the plaintiff. Andrews was the principal witness for the plaintiff, and his testimony tended to establish the fact that he had performed valuable services, in the character mentioned, for the defendant, within the period specified, with the knowledge of the trustees; and it appeared, from the…
1Opinion of the Court · DenioDenio, J.
I think the admissions of the witness Shelton, which the plaintiff offered in evidence, were relevant to the issue. He had sworn, in effect, that the services of Andrews were not rendered in the employment of the defendants’ company, but in fulfillment of an agreement which the witness had made with him by their partnership articles, and the offer was to show that he had stated that such services constituted a valid demand against the company, which it ought to pay. This could not be true, unless Andrews was in the service of the company when he performed the duties for which payment was…
Also in this document: Opinion of the Court · Gray.