Legal Opinion

Sturtevant v. Fiss, Doerr & Carroll Horse Co.

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

Decided June 2, 1916PublishedCited by 24 opinions

Appeal by the plaintiff, Edgar F. Sturtevant, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 12th day of November, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of October, 1915, denying plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

McLaughlin, J.:

Action to recover the value of services rendered. The complaint alleges, in substance, that between July 1, 1910, and January 1, 1913, the plaintiff, at the request of the defendant, acted as its purchasing agent in buying hay, oats and straw; that for the services thus rendered defendant promised to pay him twenty-five dollars a week, which was their reasonable value — no part of which has been paid. The judgment *114demanded is for that sum, with interest. The answer was' a general denial.

At the trial the testimony on the part of both plaintiff and defendant was to the effect…

2Cases cited3 opinions

  1. Sussdorff v. . SchmidtNew York Court of Appeals · 1873
  2. Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
  3. Baumann v. Manhattan Consumers' Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by24 opinions

  1. McKeon v. . Van SlyckNew York Court of Appeals · 1918
  2. Smith v. KirkpatrickNew York Court of Appeals · 1953
  3. In re BlakeNew York Surrogate's Court · 1929
  4. Schimmelpfennig v. GaedkeSupreme Court of Minnesota · 1947
  5. H. J. McNeel, Inc. v. Canyon CountyIdaho Supreme Court · 1954

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