McClelland v. Lynch

Appellate Terms of the Supreme Court of New York

McClelland v. Lynch

98 N.Y.S. 640

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 24, 1906

StatusPublished

This text of 98 N.Y.S. 640 (McClelland 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

McClelland v. Lynch, 98 N.Y.S. 640 (N.Y. Ct. App. 1906).

Pincite

Opinion

SCOTT, P. J.

The plaintiff evidently sued the wrong person. The house upon which the work was done belonged to defendant’s wife, and that plaintiff understood that he was contracting with her is shown by the fact that the original estimate is addressed to her, and not to defendant. For this reason the judgment must be reversed, and it will not be necessary to consider the question whether the work was properly done, of which there seems to be much doubt.

Judgment reversed, and new trial granted, with costs to appellant to abide the event.

All concur.

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SCOTT, P. J.

The plaintiff evidently sued the wrong person. The house upon which the work was done belonged to defendant’s wife, and that plaintiff understood that he was contracting with her is shown by the fact that the original estimate is addressed to her, and not to defendant. For this reason the judgment must be reversed, and it will not be necessary to consider the question whether the work was properly done, of which there seems to be much doubt.

Judgment reversed, and new trial granted, with costs to appellant to abide the event.

All concur.

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Bluebook (online)

98 N.Y.S. 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclelland-v-lynch-nyappterm-1906.