Wilder v. Peabody
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the report of a referee appointed in the County Court of Oneida county. The action was originally brought in a justice’s court, to recover for services alleged to have been performed by the plaintiff as an attorney for the defendant, in a suit brought by the latter, against the New York, Oswego & Midland Railroad Company.
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Appeal from a judgment in favor of the defendant, entered upon the report of a referee appointed in the County Court of Oneida county. The action was originally brought in a justice’s court, to recover for services alleged to have been performed by the plaintiff as an attorney for the defendant, in a suit brought by the latter, against the New York, Oswego & Midland Railroad Company. The services and retainer were denied by the defendant, and it was averred by him that whatever services the plaintiff had performed in that suit were performed for and at the instance of William Sanders, the…
1Opinion of the Court
HaediN, J.:
The evidence of the plaintiff as a witness tended to support his averment of a cause of action against the defendant, and if he had been believed as a witness the referee would have reported in his favor. The testimony of the defendant tended to establish a special agreement with Sanders to bring the railroad suit, and perforin the services needful in its prosecution; and that the defendant did not employ the plaintiff, but that Sanders did, acting upon -the special arrangement he had made with the defendant here (plaintiff there). There was 'such a conflict in the evidence, that…
2Cases cited7 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Harris v. WilsonNew York Supreme Court · 1831
- People v. M'GarrenNew York Supreme Court · 1837
- Morgan v. FreesNew York Supreme Court · 1852
- Curtis v. FayNew York Supreme Court · 1862
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