Shirk v. Brookfield
Appellate Division of the Supreme Court of the State of New York
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
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Mercer v. . VoseNew York Court of Appeals · 1876
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Hartley v. MurthaAppellate Division of the Supreme Court of the State of New York · 1896
- Meier v. Kansas Pac. Ry. Co.U.S. Circuit Court for the District of Kansas · 1878
3Cited by19 opinions
- Noce v. KaufmanNew York Court of Appeals · 1957
- Sturtevant v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Anderson v. Biesman & Carrick Co.Appellate Court of Illinois · 1936
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
14 more not listed; retrieve them via the Exa API.