Smith v. . the Long Island R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 12, 1884, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 32 Hun, 38.) This action was brought to recover compensation for services alleged to have been rendered by plaintiff to defendant as its secretary.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made February 12, 1884, which reversed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 32 Hun, 38.) This action was brought to recover compensation for services alleged to have been rendered by plaintiff to defendant as its secretary. It was error for the General Term to hold, as matter of law, that because plaintiff was secretary of the defendant, and no agreement' was made as to his compensation, that he could not, therefore, recover for his services.…
1Opinion of the CourtAndrews, J.
Upon the question of fact, whether the services rendered by the plaintiff, as secretary of the defendant, were rendered gratuitously and without expectation on the part either of the plaintiff or defendant that compensation would he made, we concur with the conclusion reached by the referee. We deem it unnecessary to state in detail the evidence hearing upon the question, and shall content ourselves with stating in general terms what, in our judgment, are the controlling considerations.. The services were rendered at the request of the defendant. This is the necessary conclusion from the…
2Cited by17 opinions
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- In re BlakeNew York Surrogate's Court · 1929
- Mather v. Eureka Mower Co.New York Court of Appeals · 1890
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