Legal Opinion

Magee v. Fish

Appellate Division of the Supreme Court of the State of New York

Decided December 1, 1916PublishedCited by 3 opinions

Appeal by the defendant, Horace W. Fish, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 31st day of March, 1916, upon the verdict of a jury for $950, and also from an order entered in said clerk’s office on the 20th day of April, 1916, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Laughlin, J.:

This is an action to recover damages for fraud and .deceit. The plaintiff is a vocalist and she was employed to sing in the choir of the Fifth Avenue Baptist Church in the city of New York for the period of one year from the 1st of May, 1913, at an annual salary of $950. The contract was in writing and was made by the music committee of the church apparently under delegated authority from the board of trustees. Mr. Spencer was chairman of the music committee and defendant was the secretary. The plaintiff predicates her cause of action on representations alleged to have been made…

2Cases cited3 opinions

  1. Dung v. . ParkerNew York Court of Appeals · 1873
  2. Fanger v. CasparyAppellate Division of the Supreme Court of the State of New York · 1903
  3. Seamans v. . BarentsenNew York Court of Appeals · 1905

3Cited by3 opinions

  1. Raoul v. Olde Village Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Harmon v. Alfred Peats Co.Appellate Division of the Supreme Court of the State of New York · 1926
  3. McNeill v. McNeillNew York Supreme Court · 1930

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