Busse v. Schenck
New York Court of Common Pleas
Appeal from a judgment of this court entered upon a dismissal of the complaint at the trial. Defendants in this action were trustees of the estate of Samuel Wood, deceased, and as such were the owners of the Pavilion Hotel, at Woodsburg, L. I. Plaintiff was a house painter and frescoer, &c., doing business in this city, and for certain work done upon said hotel by him this action is brought.
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Appeal from a judgment of this court entered upon a dismissal of the complaint at the trial. Defendants in this action were trustees of the estate of Samuel Wood, deceased, and as such were the owners of the Pavilion Hotel, at Woodsburg, L. I. Plaintiff was a house painter and frescoer, &c., doing business in this city, and for certain work done upon said hotel by him this action is brought. Prior to the doing of the work plaintiff did not see either of the trustees, and had no conversation in respect thereto with anybody except one Barr, who was a tenant of the hotel, and one Powers. Barr,…
1Opinion of the CourtVan Brtjnt, J.
[After stating the facts as above.]—In view of the testimony above referred to, it might be questioned in any event as to whether there was any liability upon the part of the defendants to the plaintiff in this action for any work done, in that he was never employed by them, but that the agreement was that the estate would be responsible to Mr. Barr for what he should pay for the frescoing, and not to the persons whom he employed, but it^ is not necessary to decide this proposition in view of .the fact that there is no evidence of an employment by the estate.
Trustees have different powers and…
2Cited by4 opinions
- In re the Accounting of LuckenbachNew York Court of Appeals · 1952
- Allison & Ver Valen Co. v. McNeeNew York Supreme Court · 1939
- Earle v. McGoldrickNew York Court of Common Pleas · 1895
- Egbert v. McGuireNew York Supreme Court · 1901