Mather v. Eureka Mower Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department entered upon an order made January 11, 1887, which affirmed a judgment in-favor of defendant entered upon a report of a referee. The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department entered upon an order made January 11, 1887, which affirmed a judgment in-favor of defendant entered upon a report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The plaintiff is entitled to recover upon the express promise alleged and claimed to have been made by defendant’s president and certain trustees, to pay plaintiff what his services were worth, and for his disbursements for clerk hire and expenses, and upon quantum, meruit. (Smith v. L. I. R.…
1Opinion of the CourtBradley, J.
The plaintiff was the first treasurer of the defendant, a manufacturing corporation, and was appointed as such in April, 1884, entered into actual service in July following, and served about ten months. He sought, by this action, to recover compensation to which he claimed he was entitled. The referee found that the plaintiff’s services were performed without any expectation on his part, or any agreement or understanding that he should receive compensation, and that they were intended to be gratuitous. And, as a conclusion of law, the referee determined that the plaintiff was not entitled to…
2Cases cited2 opinions
- Smith v. . the Long Island R.R. Co.New York Court of Appeals · 1886
- Gill v. New York Cab Co.New York Supreme Court · 1888
3Cited by18 opinions
- Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
- Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897
- Alexander v. Equitable Life Assurance SocietyNew York Court of Appeals · 1922
- Doe v. Northwestern Coal & Transportation Co.U.S. Circuit Court for the District of Oregon · 1896
- Brown v. Republican Mountain Silver Mines, Ltd.Supreme Court of Colorado · 1892
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