Legal Opinion

Shirk v. Brookfield

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 19 opinions

Motion by the plaintiff, Charles F. Shirk, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.

1Opinion of the Court

Hatch, J.:

The plaintiff in the action seeks to recover the value of work, labor and services performed at the special instance and request of the defendants, upon the theory of a quambwm meruit. By the allegations of the complaint and the proof given upon the trial it appears that the defendants Brookfield and Kimball were appointed receivers of the Hecker-Jones-Jewell Milling Company under an order made by the chancellor of the State of New Jersey in an action pending therein between Joseph A. Knox, as plaintiff, and the Hecker-J ones-J e well Milling Company, as defendant, and that, on the…

2Cases cited5 opinions

  1. Sussdorff v. . SchmidtNew York Court of Appeals · 1873
  2. Mercer v. . VoseNew York Court of Appeals · 1876
  3. Farron v. . SherwoodNew York Court of Appeals · 1858
  4. Hartley v. MurthaAppellate Division of the Supreme Court of the State of New York · 1896
  5. Meier v. Kansas Pac. Ry. Co.U.S. Circuit Court for the District of Kansas · 1878

3Cited by19 opinions

  1. Noce v. KaufmanNew York Court of Appeals · 1957
  2. Sturtevant v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
  4. Anderson v. Biesman & Carrick Co.Appellate Court of Illinois · 1936
  5. E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911

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