Bagley v. Carthage, Watertown & Sacketts Harbor Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Carthage, Watertown and Sacketta Harbor Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 10th day of June, 1896, upon the verdict of a jury for $5,385.23, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Carthage, Watertown and Sacketta Harbor Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 10th day of June, 1896, upon the verdict of a jury for $5,385.23, and also from an order entered in said clerk’s office denying the defendant’s motion for a new trial made upon the minutes. The action is brought to recover for services rendered by the plaintiff and moneys disbursed by him for the defendant between October 17, 18S7, and April, 1894. The plaintiff was president…
1Opinion of the Court
Ward, J.:
The defendant revives upon this appeal its contention upon the trial that the plaintiff being a stockholder and a director of the *477defendant, and there being no agreement, express or implied, to compensate him for services rendered, he cannot recover.
We think that the trial court properly submitted the question to the jury as to whether there was a contract between the plaintiff and the defendant that the plaintiff should be compensated for the services for which he recovered upon the trial. What evidence was given upon this subject by the plaintiff was not contradicted by the…
2Cases cited2 opinions
- Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897
- Outterson v. Fonda Lake Paper Co.New York Supreme Court · 1892
3Cited by1 opinion
- Haas v. Universal Phonograph & Record Co.Appellate Terms of the Supreme Court of New York · 1912