McReynolds v. Manger

Appellate Terms of the Supreme Court of New York

McReynolds v. Manger

84 N.Y.S. 982

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 18, 1903

StatusPublished

This text of 84 N.Y.S. 982 (McReynolds v. Manger) 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

McReynolds v. Manger, 84 N.Y.S. 982 (N.Y. Ct. App. 1903).

Pincite

Opinion

BISCHOFF, J.

Upon the agreed state of facts the defendants’ liability for the services rendered by the plaintiff as an unofficial stenographer was properly determined. Without a stipulation, the fees of the stenographer could not become a part of the referee’s charges, which were limited to the statutory per diem compensation; and the .parties, when accepting the stenographer’s services, must be deemed t<p have known that the referee was not the employer, unless it were assumed that he was causing the services to be rendered at his personal expense. The situation disclosed negatived such an understanding, and the parties present and interested in the litigation understanding of the parties (Coale v. Suckert, 18 Misc. Rep. 76, 41 N. Y. Supp. 583; Bormay v. Van Ness, 26 Misc. Rep. 599, 56 N. Y. Supp. 640.

Judgment affirmed, with costs. All concur.

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

BISCHOFF, J.

Upon the agreed state of facts the defendants’ liability for the services rendered by the plaintiff as an unofficial stenographer was properly determined. Without a stipulation, the fees of the stenographer could not become a part of the referee’s charges, which were limited to the statutory per diem compensation; and the .parties, when accepting the stenographer’s services, must be deemed t<p have known that the referee was not the employer, unless it were assumed that he was causing the services to be rendered at his personal expense. The situation disclosed negatived such an understanding, and the parties present and interested in the litigation understanding of the parties (Coale v. Suckert, 18 Misc. Rep. 76, 41 N. Y. Supp. 583; Bormay v. Van Ness, 26 Misc. Rep. 599, 56 N. Y. Supp. 640.

Judgment affirmed, with costs. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

84 N.Y.S. 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcreynolds-v-manger-nyappterm-1903.

Opinion

Related

Cite This Page — Counsel Stack