Burns v. Walsh
New York Court of Common Pleas
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
- Riley v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Fortunato v. Mayor of New YorkNew York Court of Common Pleas · 1893
3Cited by1 opinion
- Woerner v. McIntyreAppellate Terms of the Supreme Court of New York · 1908