Legal Opinion

Burns v. Walsh

New York Court of Common Pleas

Decided January 7, 1895PublishedCited by 1 opinion

Appeal from city court, general term. Action by Eward Burns against Augustin Walsh to recover for services rendered as engineer, and in taking care of defendant’s premises No. 3 and 5 East Eighty-Fourth street, in the city of New York. From a judgment of the city court (30 N. Y. Supp. 807) affirming a judgment in favor of plaintiff, entered on a verdict for $145, damages, besides costs, defendant appeals.

1Opinion of the CourtDaly, C. J.

The plaintiff was permitted to recover $81 for moneys expended in hiring a hoy to assist him in his work, at $18 per month, for 4½ months, besides $64, balance of wages for the month of June, at the rate of $80 per month. No claim for the $81, moneys expended, was set up in the complaint, and it was a different cause of action from that sued on. The recovery for that sum, therefore, should not have been allowed. His action was for wages, at a stipulated sum of $100 per month; but in his testimony he explained his claim as follows:

“I claim $80 for the month of June, and I claim repayment for…

2Cases cited2 opinions

  1. Riley v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
  2. Fortunato v. Mayor of New YorkNew York Court of Common Pleas · 1893

3Cited by1 opinion

  1. Woerner v. McIntyreAppellate Terms of the Supreme Court of New York · 1908

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