Mooney v. Robinson — 28 N.Y.S. 1149

Majority

p. 1149

MOONEY et al., Respondents, v. ROBINSON, Appellant.

(City Court of New York, General Term.

April 23, 1894.)

Headnote

Action by Edmund L. Mooney and another against John Robinson. •

Argued before NEWBURGER and CONLAN, JJ.

J. Warren Lawton, for appellant.

Mooney & Shipman, for respondents.

This is an action by the plaintiffs for professional •services. The answer of the defendant was a general denial. On the trial •of the action, the only question raised was that of employment. The plaintiffs claimed employment by an agent of the defendant, and a subsequent ratification by the defendant. The trial justice properly submitted the question of retainer to the jury, and, they having found for the plaintiff, the judgment must be affirmed, with costs.