Drennan v. Boice
Appellate Terms of the Supreme Court of New York
Appeal from a judgment for the dismissal of the complaint upon the merits, rendered by the District Court in the city of New York for the thirteenth judicial district. Action to recover for services alleged to have been performed at the defendant’s instance and request.
1Opinion of the CourtBisohom, J.
During the months of October, Hovember and December, 1894, the plaintiff performed certain services in. and about one of the streets of the city of Hew York, at the direct request of one William Martin, who had entered into a contract with the municipality whereby he undertook the grading of such street. As a matter of fact Martin had.actually assigned all his rights under the municipal contract to the defendant who, with the consent of the municipality, assumed the performance of the work, the assignment having taken place before the plaintiff’s relations with Martin commenced, and this…
2Cases cited4 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Frear v. . SweetNew York Court of Appeals · 1890
- Tuthill v. . WilsonNew York Court of Appeals · 1882
- Carter, Rice & Co. v. HowardAppellate Terms of the Supreme Court of New York · 1896