Vail v. Jersey Little Falls Manufacturing Co.
New York Supreme Court
THE plaintiff sued to recover a balance claimed to be due to him for "services rendered to the defendants as their secretary and shipping agent, from January "9th to. May 15th, 1858. It was in proof, that the plaintiff acted as the defendants’ secretary during that period; and the question in dispute was, whether these services were rendered under a contract, whereby the defendants had agreed to pay therefor at' the rate of $1200 per annum.
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THE plaintiff sued to recover a balance claimed to be due to him for "services rendered to the defendants as their secretary and shipping agent, from January "9th to. May 15th, 1858. It was in proof, that the plaintiff acted as the defendants’ secretary during that period; and the question in dispute was, whether these services were rendered under a contract, whereby the defendants had agreed to pay therefor at' the rate of $1200 per annum. The defendants were engaged in quarrying stone, at Newark, N. J., and in the spring (April 9th) of 1857, hired the plaintiff to act as their “shipping…
1Opinion of the Court
By the Court,
Allen, J.
This case is not properly before ns. Having been tried by the court without a jury, the case should have contained a separate statement of the facts found by. the justice, and his conclusions of law. (Code, § 268.) The case contains no such statement.
'But if this defect be overlooked, it will be seen that upon the merits the case is with the plaintiff. The only question is upon the construction and effect to be given to the contract of hiring, as expressed in the resolution of the defendants’ directors of the 24th November, 1857. This resolution, and the acceptance of…
2Cases cited1 opinion
- Evertsen v. SawyerNew York Supreme Court · 1829
3Cited by14 opinions
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Douglass v. Merchants' InsuranceNew York Court of Appeals · 1890
- Laubach v. Cedar Rapids Supply Co.Supreme Court of Iowa · 1904
- Brown v. BarseAppellate Division of the Supreme Court of the State of New York · 1896
- Hodge v. NewtonNew York Court of Common Pleas · 1888
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