Home/Appellate Division of the Supreme Court of New York/Pierce v. MacFarland

Pierce v. MacFarland

152 N.Y.S. 1137
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 18, 1915
StatusPublished

This text of 152 N.Y.S. 1137 (Pierce v. MacFarland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pierce v. MacFarland, 152 N.Y.S. 1137 (N.Y. Ct. App. 1915).

Opinion

PENDLETON, J.

The action is for work, labor, and services and an account stated. The answer was a general denial, an offer to pay $100, and a payment of $100 after action brought. Defendant was called as a witness, and admitted an agreement to pay $100. This was not only evidence entitling plaintiff to judgment for that amount, at least, but also, perhaps, some evidence of authority conferred by him to give the original order. The judgment for defendant should be reversed, and a new trial ordered; costs to appellant to abide the event.

GUY, J., concurs. SHEARN, J., dissents.

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Bluebook (online)
152 N.Y.S. 1137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-macfarland-nyappdiv-1915.