Emmitt v. Mayor of New York

Superior Court of New York

Emmitt v. Mayor of New York

13 N.Y.S. 887, 59 N.Y. Super. Ct. 583, 1891 N.Y. Misc. LEXIS 1725

CourtThe Superior Court of the City of New York and Buffalo

DecidedApril 16, 1891

StatusPublished

Cited by1 cases

This text of 13 N.Y.S. 887 (Emmitt v. Mayor of New York) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Emmitt v. Mayor of New York, 13 N.Y.S. 887, 59 N.Y. Super. Ct. 583, 1891 N.Y. Misc. LEXIS 1725 (superctny 1891).

Pincite

Opinion

Per Curiam:.

Since the trial in this action the main question of law raised by this appeal has been passed upon favorably to appellant’s contention by the general term of the supreme court, in Mullen v. Mayor, etc., 12 N. Y. Supp. 269. We have determined to accept this disposition of the question as correct, for the purposes of this appeal. The agreement of January 23, 1889, raises a question which should be determined in favor of the respondent. The plaintiff, by his action in executing this agreement, which was not prohibited by law, and did not relate to an illegal transaction, is estopped from claiming the invalidity of the agreement as to any period of suspension following its execution. It follows that the defendant is liable only for compensation for such periods of suspension as preceded January 23, 1889. The judgment should be reversed, and a new trial ordered, with costs to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam:.

Since the trial in this action the main question of law raised by this appeal has been passed upon favorably to appellant’s contention by the general term of the supreme court, in Mullen v. Mayor, etc., 12 N. Y. Supp. 269. We have determined to accept this disposition of the question as correct, for the purposes of this appeal. The agreement of January 23, 1889, raises a question which should be determined in favor of the respondent. The plaintiff, by his action in executing this agreement, which was not prohibited by law, and did not relate to an illegal transaction, is estopped from claiming the invalidity of the agreement as to any period of suspension following its execution. It follows that the defendant is liable only for compensation for such periods of suspension as preceded January 23, 1889. The judgment should be reversed, and a new trial ordered, with costs to abide the event.

Cite This Page — Counsel Stack

Bluebook (online)

13 N.Y.S. 887, 59 N.Y. Super. Ct. 583, 1891 N.Y. Misc. LEXIS 1725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emmitt-v-mayor-of-new-york-superctny-1891.

Opinion

Related

Cite This Page — Counsel Stack