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Moon v. Marks

72 N.Y.S. 1120 Court N.Y. App. Term English

Contents

Majority

p. 1120
MOON, Appellant, v. MARKS, Respondent.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

_ Action by Sidney N. Moon against Stewart Marks.
Ford & Tuttle, for appellant. C. C. Nadal, for respondent.

Aside from other questions, there are some undisputed facts which fully support the conclusion of the learned court below. These may be briefly stated. There is no proof of any employment of the plaintiff by the defendant association to render the services claimed for. There is a lack of evidence that they were rendered for the association by even the suggestion of itself or any of its officers. It also appears that the plaintiff represented one of the associate corporations in the association, and that the services rendered by him were as representative of that corporation, with a strong probability that he was compensated therefor by it. We think the court below was right. Judgment affirmed, with costs.