Majority
p. 152James Monaghan, Resp’t, v. Edward J. Woolsey, App’lt. (Supreme Court, General Term, Second Department, Filed June 28, 1889.)
Headnote
Assumpsit—Action fob services rendered—Judgment—Evidence.In an action for services rendered, it appeared that defendant’s horses were taken by his employees to plaintiffs shop to be shod, that the horses were shod by plaintiff, and defendant received the benefit of the work. Meld, that plaintiff is entitled to judgment.
8. B. & D. Noble, for app’lt; George G. Walker, for resp’t.
This is an appeal from a judgment of the county court of Queens county, affirming a judgment in favor of the plaintiff against the defendant after a trial in a court of a justice of the peace.
The testimony before the justice was sufficient to sustain his judgment, and the affirmance in the county court must be sustained.
The plaintiff is a blacksmith, and the horses of the defendant were brought to his shop to be shod by men in the employ of the defendant. The horses were shod by the plaintiff, and the defendant received the benefit of the
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work. Those facts are undisputed, and they are amply sufficient to justify the judgment.
The judgment should be affirmed, with costs.
All concur.