Craig v. Robertson

Appellate Terms of the Supreme Court of New York

Craig v. Robertson

35 Misc. 818, 72 N.Y.S. 1098

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 818 (Craig v. Robertson) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Craig v. Robertson, 35 Misc. 818, 72 N.Y.S. 1098 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

While the conflicting testimony may render the disallowance of compensation from August twentieth to the date of actual employment on September eighth correct, the judgment given is manifestly erroneous for these reasons: there is an admission that the sum of seventeen and eighty-five-one-hundredths dollars is due the plaintiff for services rendered, and there was no legal tender of that sum by payment into court; had there been it- would be insufficient, because the plaintiff at' the second trial was entitled, in addition to the costs on her successful appeal, with disbursements and the costs paid below on the first trial.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Per Curiam.

While the conflicting testimony may render the disallowance of compensation from August twentieth to the date of actual employment on September eighth correct, the judgment given is manifestly erroneous for these reasons: there is an admission that the sum of seventeen and eighty-five-one-hundredths dollars is due the plaintiff for services rendered, and there was no legal tender of that sum by payment into court; had there been it- would be insufficient, because the plaintiff at' the second trial was entitled, in addition to the costs on her successful appeal, with disbursements and the costs paid below on the first trial.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Bluebook (online)

35 Misc. 818, 72 N.Y.S. 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-robertson-nyappterm-1901.