Schieck v. Herzog — 58 N.Y. St. Rep. 50

Majority

p. 50

Augustus Schieck, App’lt, v. Hanna Herzog, Resp’t.

(New York Common Pleas, General Term,

Filed March 7, 1894.)

Headnote

Services—Plumber—Certificate.

A plumber, who performed services between February 28, 1893, and September 1, 1893, can recover therefor without a certificate on registering as a licensed plumber.

Appeal from a judgment of the ninth district court dismissing the complaint.

The action was by a plumber for work and materials, for which a balance of $54.86 was claimed. There was a general denial and a counterclaim of $18.75. The justice dismissed the complaint on the ground that the plaintiff had not complied with the provisions of § 5 of chap. 602 of the Laws of 1892, which prescribes an official examination of all persons about to engage in the plumber’s trade, and the obtaining by them of a certificate of competency from the board created by the act; and declares that after March 1st, 1893, it shall not be lawful to engage in the business of plumbing before first obtaining such certificate and registering as a licensed plumber.

It appears, however, that the statute in question was amended by chap. 66 of the Laws of 1893, by which the limitation of time to obtain the certificate was extended to September 1st, 1893. The amendatory act was passed February 28th, 1893, and the work sued for was done between the two last named dates, during which period there was no prohibitory statute.

The judgment must be reversed.