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20 Misc. 701

Finkelstein v. Waldo

City of New York Municipal Court

Decided July 15, 1897

City of New York Municipal Court · decided 1897-07-15

<p>Principal and agent —Third party not bound by their private agreement.</p> <p>A person who has done work upon premises, under an employment from the agent of the owner, is not bound by any agreement made between the owner and her agent, under which the agent was to pay for the work, unless the agreement was brought to the knowledge of the person performing the services.</p>

Decided 1897-07-15

McCarthy, J.

¶2■ This agreement could not and would not affect the plaintiff unless brought home to his notice, and that said work was performed with a knowledge of such special agreement, nor would the "payment of any money to Converse, which was not paid to the plaintiff by Converse, relieve the defendant of the liability unless the plaintiff took it under such conditions and knew of such agreement.

¶3She, herself, said she was the owner of the premises, and that the work was well done and received the benefit of it.

¶4The judge’s charge was fair and in accordance with the .law, and • there was no error committed on the trial.

¶5The verdict was right and just.

¶6Judgment must, therefore, be affirmed, with costs.

¶7-.Schuchmau, J., concurs.

¶8Judgment affirmed, with costs.

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