13 Daly 37 | New York Court of Common Pleas | 1885
The plaintiff is the assignee of Maurice J. O’Connor, a stenographer, who ivas employed to take the testimony before Mr. Breen, a referee, in an action wherein these defendants, Van Alstyne and Smith, were plaintiffs, and these defendants, McManus and Phyfe, were the defendants.
Mr. O’Connor testified that a stipulation was made at the reference and entered by him in the minutes, that the successful party to the action should pay the stenographer’s fees. This action is brought to recover $194.25 balance due for those fees, from McManus, as the successful party. McManus appears to be the only defendant who ivas served with the summons herein, although all the parties to the stipulation are named as defendants. He appeared and answered orally by a general denial, allegation of defective parties, non-joinder, plaintiff not party in interest, services rendered under special contract, and payment.
Larremore, J., concurred.
Judgment reversed and new trial ordered, with costs to abide event.