Shuler v. Meyers
New York Supreme Court
This is an appeal from a judgment of the County Court of Fulton county. ■ The action was commenced in a Justices’ Court in November, 1868, where the plaintiff complained “ that the defendants agreed with this plaintiff, in the year 1867, to build a school-house in school district No. 4, in the town of Bleecker, for the above named trustees, and plaintiff claims that he has built said school-house according to the agreement made with said trustees, &c., and that said trustees…
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This is an appeal from a judgment of the County Court of Fulton county. ■ The action was commenced in a Justices’ Court in November, 1868, where the plaintiff complained “ that the defendants agreed with this plaintiff, in the year 1867, to build a school-house in school district No. 4, in the town of Bleecker, for the above named trustees, and plaintiff claims that he has built said school-house according to the agreement made with said trustees, &c., and that said trustees have omitted, &c.,” and where a judgment was recovered by the defendants against the plaintiff upon a counter claim for…
1Opinion of the Court
By the Court
Miller, P. J.
I think the court committed no error in granting the motion for a nonsuit. The complaint in this action alleges an agreement to build a school-house for the trustees, according to an agreement made with said trustees, and that said trustees omitted and refused to pay. The plaintiff' claimed in his opening to recover against the defendants as trustees. I think that the complaint was insufficient to entitle the plaintiff to maintain the action. 1st. It contained no averment that the defendants were trustees nor that the plaintiff claimed to recover against them as such.…
2Cases cited4 opinions
- Hoyt v. United StatesSupreme Court of the United States · 1850
- Fowler v. WesterveltNew York Supreme Court · 1863
- Dennis v. SnellNew York Supreme Court · 1866
- President of Harvard College v. GoreMassachusetts Supreme Judicial Court · 1827