2 N.Y.S. 164 | N.Y. Sup. Ct. | 1888
This action was commenced in the justice’s court, wherein the plaintiff complained as follows: “The plaintiff complains against the defendant,and alleges that the defendant is indebted to him for work, labor, and services done and performed for and at the request of the defendant, for which
The defendant’s struggle at the trial seems to have been to bring to the notice of the jury certain facts for which he had laid no foundation in his pleading, under an ingenious pretense that he had the right so to do by way of an
Learned, P. J., and Ingalls, J., concur.