Scott v. Brown

Appellate Terms of the Supreme Court of New York

Scott v. Brown

27 Misc. 203, 57 N.Y.S. 763

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 15, 1899

StatusPublished

Cited by1 cases

This text of 27 Misc. 203 (Scott v. Brown) 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

Scott v. Brown, 27 Misc. 203, 57 N.Y.S. 763 (N.Y. Ct. App. 1899).

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Opinions

MacLean, J.

The plaintiffs’ assignor, who was the plaintiff ' first above named, was employed by the defendant to do certain . painting and decorating on his premises near Suffern, and he, in turn, employed workmen drawn partly from that neighborhood and partly from the city of New York. ' Some of the latter were paid by the piece, and some by the day. In addition to the per diem’ charge and the charge by the piéce, the assignor charged for the transporation and for the board of the men from the city •of New York. The bills, including one containing a charge for transportation, presented by the assignor and by the plaintiffs, • were paid by the defendant, until he noticed a charge for board! That he refused to pay. The action was brought as for a balance •due for moneys expended for paying board of painters and decorators employed on the premises of the defendant, at his request and upon his promise to pay for the same.

It’ was not contended That the defendant agreed to pay the board of the men hired by the plaintiffs, but plaintiffs contended that they were entitled to the balances, because of an alleged usage •or custom in that particular trade, entitling’ the. master decorator to charge for the board of the men employed. There is nothing in the evidence in reference to the alleged usage, or that the de-« fendant ever had any knowledge or notice of such usage. Walls v. Bailey, 49 N. Y. 464. The judgment should be reversed.

Fbeedmah, P. J., concurs.-

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MacLean, J.

The plaintiffs’ assignor, who was the plaintiff ' first above named, was employed by the defendant to do certain . painting and decorating on his premises near Suffern, and he, in turn, employed workmen drawn partly from that neighborhood and partly from the city of New York. ' Some of the latter were paid by the piece, and some by the day. In addition to the per diem’ charge and the charge by the piéce, the assignor charged for the transporation and for the board of the men from the city •of New York. The bills, including one containing a charge for transportation, presented by the assignor and by the plaintiffs, • were paid by the defendant, until he noticed a charge for board! That he refused to pay. The action was brought as for a balance •due for moneys expended for paying board of painters and decorators employed on the premises of the defendant, at his request and upon his promise to pay for the same.

It’ was not contended That the defendant agreed to pay the board of the men hired by the plaintiffs, but plaintiffs contended that they were entitled to the balances, because of an alleged usage •or custom in that particular trade, entitling’ the. master decorator to charge for the board of the men employed. There is nothing in the evidence in reference to the alleged usage, or that the de-« fendant ever had any knowledge or notice of such usage. Walls v. Bailey, 49 N. Y. 464. The judgment should be reversed.

Fbeedmah, P. J., concurs.-

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27 Misc. 203, 57 N.Y.S. 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-brown-nyappterm-1899.

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