Williams v. Finch
New York Supreme Court
This was an action of assumpsit for work, labor and services, and also upon a special count on a promise by the defendant to pay the plaintiff $100 if he would work for him until he should be twenty-one years of age. The cause having been referred, the referees made a report in favor of the defendant. The plaintiff moved to set aside the report. The other facts in the case are sufficiently stated in the opinion of the court.
1Opinion of the Court
By the Court, Harris, P. J.
It is enough to say, with respect to the claim of the plaintiff to recover, under the special count, the one hundred dollars which he alleges the defendant had promised to pay him, if he would work for him until he was twenty-one years old, that the evidence upon that point was doubtful, if not conflicting, and it was therefore the province of the referees to determine on which side of the question the balance was found. There certainly is no such decided preponderance in favor of the plaintiff, as would justify an interference with the report, on this ground.
The…
2Cases cited2 opinions
- Griffin v. PotterNew York Supreme Court · 1835
- Nickerson v. HowardNew York Supreme Court · 1821
3Cited by5 opinions
- In re Everts' EstateNew York Supreme Court · 1895
- In re the Accounting in Kelly's EstateNew York Surrogate's Court · 1870
- In re the Final Judicial Settlement of the Accounts of StevensonNew York Supreme Court · 1895
- Patterson v. KellyNew York Supreme Court · 1891
- Potter v. GreeneNew York Supreme Court · 1886