Van Valkenburgh v. Van Doren
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of défendant, after a trial by a judge and jury, dismissing the complaint at the close of plaintiff’s case.
1Opinion of the CourtBijur, J.
This action was brought by a public stenographer to recover from an attorney for services performed at his request.
Apparently the learned judge below was of opinion that the authorities cited to him justified the conclusion that services of this character were to be presumed to have been rendered for the attorney’s client. All that those cases hold, however, is that, upon the facts therein disclosed, it must be taken as matter of law that the stenographer, knowing who the attorney’s principal was, gave credit to the principal and not the attorney. See Bonynge v. Field, 81 N. Y. 159; Argus Co.…
2Cases cited3 opinions
- Bonynge v. . FieldNew York Court of Appeals · 1880
- Tyrrel v. HammersteinNew York Supreme Court · 1900
- Argus Co. v. HotchkissAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Monick v. MelnicoffDistrict of Columbia Court of Appeals · 1958
- Batavia Times Publishing Co. v. HallNew York Supreme Court · 1927