139 N.Y.S. 981 | N.Y. App. Term. | 1913
This action is brought to recover a balance alleged to be due for legal services rendered by the- plaintiff to the defendant. There is no doubt that the services were rendered. The question which is the subject of dispute upon this appeal relates to the claim of the defendant that there was a new contract entered into with the consent of the parties whereby the corporation known as the Yechten Waring Company was substituted as debtor in the place of the defendant. On March 26, 1907, the defendant incorporated his business under the name of the Yechten Waring Company. An agreement was entered into between the defendent and the corporation, of which the plaintiff had knowledge, which provided that the corporation “ shall immediately assume and become liable to pay in the due course
Lehman and Page, JJ., concur.
Judgment reversed, and new trial ordered, with costs to appellant to abide event.