Hapgoods v. Lynch

Appellate Terms of the Supreme Court of New York

Hapgoods v. Lynch

107 N.Y.S. 20

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1907

StatusPublished

This text of 107 N.Y.S. 20 (Hapgoods v. Lynch) 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

Hapgoods v. Lynch, 107 N.Y.S. 20 (N.Y. Ct. App. 1907).

Pincite

Opinion

PER CURIAM.

The court below found in favor of defendant upon the disputed question of fact as to whether the position obtained by him was a temporary one or not. It follows from that finding that the plaintiff became entitled by the terms of the agreement between the parties, as well as by the provisions of the employment agency law (Laws 1907, p. 589, c. 327, § 5), to 10 per cent, of the defendant’s salary. It was, therefore, error to render judgment for the defendant.

The judgment is reversed, and in modification a judgment ordered in favor of the plaintiff for the sum of $3.13 and $5 costs in the court below, and, as modified, affirmed, without costs of this appeal to either party.

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PER CURIAM.

The court below found in favor of defendant upon the disputed question of fact as to whether the position obtained by him was a temporary one or not. It follows from that finding that the plaintiff became entitled by the terms of the agreement between the parties, as well as by the provisions of the employment agency law (Laws 1907, p. 589, c. 327, § 5), to 10 per cent, of the defendant’s salary. It was, therefore, error to render judgment for the defendant.

The judgment is reversed, and in modification a judgment ordered in favor of the plaintiff for the sum of $3.13 and $5 costs in the court below, and, as modified, affirmed, without costs of this appeal to either party.

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Bluebook (online)

107 N.Y.S. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hapgoods-v-lynch-nyappterm-1907.