Mitchell v. Nester

Appellate Division of the Supreme Court of New York

Mitchell v. Nester

240 A.D. 942, 268 N.Y.S. 886

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1933·Published

Opinion

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum. An issue which must be tried exists as to the fact of the employment of the plaintiff by the defendant, whether such employment be deemed an express or implied employment and if the employment is implied, an issue also exists as to the value of the plaintiff’s services. All concur.

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Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Memorandum. An issue which must be tried exists as to the fact of the employment of the plaintiff by the defendant, whether such employment be deemed an express or implied employment and if the employment is implied, an issue also exists as to the value of the plaintiff’s services. All concur.

Mitchell v. Nester, 240 A.D. 942, 268 N.Y.S. 886 (N.Y. Ct. App. 1933).

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