Peck v. Lake
New York Supreme Court
This was an appeal by the defendant from a judgment entered upon the report of a referee in the plaintiff’s favor. The action was upon a quantum meruit for services performed in 1867, by the plaintiff as the defendant’s clerk and book-keeper, and also upon a contract for like services performed in 1868. The defendant claimed liquidation of the first years’ services at the sum of $150, and payment of that sum, and a violation by the plaintiff of the second years’ agreement.
Read the full summary
This was an appeal by the defendant from a judgment entered upon the report of a referee in the plaintiff’s favor. The action was upon a quantum meruit for services performed in 1867, by the plaintiff as the defendant’s clerk and book-keeper, and also upon a contract for like services performed in 1868. The defendant claimed liquidation of the first years’ services at the sum of $150, and payment of that sum, and a violation by the plaintiff of the second years’ agreement. The facts are set forth in the opinion of the court.
1Opinion of the Court
By the Court —
Talcott, J.
It is quite probable that the referee in this case has arrived at the correct conclusion upon the facts, and his rulings in regard to the admission of evidence were generally correct. The principal, if not the only difficulty in sustaining the report, arises from what occurred in reference to the memorandum used by the plaintiff as a witness in his own behalf, and his refusal to exhibit the same to the defendant’s counsel.
In order to a correct understanding of the facts in connection with the use of the memorandum, I will here recite them as they appear from the case.
'…
2Cited by5 opinions
- State v. MagersOregon Supreme Court · 1899
- Battalino v. PeopleSupreme Court of Colorado · 1948
- Tibbetts v. SternbergNew York Supreme Court · 1870
- Schuyler National Bank v. BullongNebraska Supreme Court · 1888
- Schwickert v. LevinAppellate Division of the Supreme Court of the State of New York · 1902