Nichols v. Moody
New York Supreme Court
THIS action was commenced before a justice of the peace of St. Lawrence county. It was for work and labor, and a separate count in the complaint averred that the defendant, in the month of April, 1854, hired and employed the plaintiff to work for him, at the price or sum of $30 per month, and that the plaintiff worked for the defendant, under the said agreement, from the 15th of August, 1854, to the 1st of January, 1855. The defendant denied the allegations of the complaint.
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THIS action was commenced before a justice of the peace of St. Lawrence county. It was for work and labor, and a separate count in the complaint averred that the defendant, in the month of April, 1854, hired and employed the plaintiff to work for him, at the price or sum of $30 per month, and that the plaintiff worked for the defendant, under the said agreement, from the 15th of August, 1854, to the 1st of January, 1855. The defendant denied the allegations of the complaint. On the trial the plaintiff proved by R. M. Barns, that the defendant was collector of customs for the district of…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The plaintiff failed entirely in establishing, by proof, the special count in his complaint. If he had made out such a contract as in that count alleged, he would probably have been entitled to recover. It has undoubtedly been established, by a great number of cases, that a person acting as a public agent may contract with an individual in such a manner as to make himself personally liable; but the facts and circumstances must, in stich cases, show the contract to be very special, and that the party gave the credit to, or performed the labor for, the individual…
2Cases cited9 opinions
- Hodgson v. DexterSupreme Court of the United States · 1803
- S. & J. Rathbon v. BudlongNew York Supreme Court · 1818
- Brown v. AustinMassachusetts Supreme Judicial Court · 1804
- Walker v. SwartwoutNew York Supreme Court · 1815
- Olney v. WickesNew York Supreme Court · 1820
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3Cited by6 opinions
- Newman v. SylvesterIndiana Supreme Court · 1873
- Perrin v. Lyman's AdmistratorIndiana Supreme Court · 1869
- Miller v. Board, New York County Courts1895
- Crowell v. CrispinNew York Court of Common Pleas · 1871
- Joseph A. Cicci, Inc. v. AllansonNew York Supreme Court · 1959
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