Smith v. Babcock
Appellate Division of the Supreme Court of the State of New York
Appeal from Cayuga county court. Action by Julia G-. Smith against Hiram W. Babcock on a contract for personal services. From a judgment of the Cayuga county court affirming a judgment of nonsuit granted by the city court of the city of Auburn, plaintiff appeals. Reversed.
1Opinion of the CourtAdams, J.
The claim which the plaintiff seeks to establish through the medium of this action, and which in her bill of particulars she states is for work, labor, and services “performed and rendered [by her husband] in conducting the Democratic compaign in the county of Cayuga, between the said dates in 1892 (September 1st to November 11th), and performing the duties of said Hiram W. Babcock as chairman of said county committee,” is resisted by the defendant upon the ground that the contract upon which it is founded is in contravention of the statute which prohibits contributions of money with the…
2Cases cited3 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- American Cent. Insurance v. HagertyNew York Supreme Court · 1895