97 Misc. 418 | N.Y. App. Term. | 1916
Upon the second day of a hearing before a referee the plaintiff, a stenographer, refused to continue to report the proceedings unless he was assured of payment. According to the plaintiff’s testimony, the defendant, who was associated with one Newman and others as counsel for one Ida Von Claus-sen, upon a hearing to determine her sanity, said: ‘ ‘ Mr. Daniels, I want this case reported and I will be responsible to you personally for the minutes.” The plaintiff had reported the first day of the hearing under these circumstances, as testified to by him: “ I had just finished another case in the Sheriff’s office; and I went down and asked them if they wanted this
The plaintiff’s version of the controversy was fully corroborated by two entirely disinterested witnesses, the assistant district attorney in charge of the case and the sheriff’s jury clerk, who were present at the second day of the hearing, each of whom testified to
Judgment reversed, with $30 costs, and judgment is directed to be entered in favor of the plaintiff and against the defendant for the sum of $160 with interest from March 14,1914, together with the costs in the court below.
Guy and Bijur, JJ., concur.
Judgment reversed, with costs.