Bronold v. Engler
| Decision Date | 09 February 1909 |
| Citation | 87 N.E. 427,194 N.Y. 323 |
| Parties | BRONOLD et al. v. ENGLER. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Fourth Department.
Action by Louis Bronold and another against August Engler. From a judgment of the Appellate Division (121 App. Div. 123,105 N. Y. Supp. 508), affirming a judgment of the Municipal Court for defendant, plaintiffs appeal. Affirmed.
George A. Lewis, for appellants.
Marc W. Comstock, for respondent.
The constitutionality of a statute (Laws 1892, p. 1150, c. 602, § 5) of which the present section 45 of the General Cities Law (Laws 1900, p. 699, c. 327) is a substantial re-enactment, was upheld by this court in People ex rel. Nechamcus v. Warden, etc., 144 N. Y. 529, 39 N. E. 686,27 L. R. A. 718, but subsequently an additional provision having been enacted that in the city of New York every member of a partnership carrying on the business of employing or master plumber must be a licensed plumber, was held unconstitutional; it there appearing that the unlicensed partner took no part in the conduct of the business except to furnish capital, keep the books, and attend to the financial and office departments of the business. Schnaier v. Navarre Hotel & I. Co., 182 N. Y. 83,74 N. E. 591,70 L. R. A. 722, 108 Am. St. Rep. 790. It is under this last decision of the court that the plaintiffs claim to be exempt from the condemnation of the statute; the testimony being that they employed as manager of the business a licensed master plumber. We think there is a clear distinction between the two cases. It is not the manager but the plaintiffs, who are the responsible heads of the business; not he, but they, are liable for defective work or improper plumbing. They, not he, have the continuous power to determine what journeymen plumbers shall be employed to do the work and how it shall be done, and he himself might be at any time discharged. His connection with the work depends on the continuing pleasure of the plaintiffs. We do not say that any one making a contract which provides to some extent for plumbing work without being a master plumber would fall within the inhibition of the statute. A builder might contract to erect and complete a house or other structure including the plumbing work for a gross sum and for that purpose he would have the right to employ a licensed master plumber to do the plumbing work. He would in such case in no fair sense be conducting the ‘trade, business...
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McMurdo v. Getter
...of a business, attesting his fitness to carry it on. Commonwealth v. McCarthy, 225 Mass. 192, 114 N.E. 287;Bronold v. Engler, 194 N.Y. 323, 87 N.E. 427,21 L.R.A.(N.S.) 176. A different rule has been applied to the learned professions. These are characterized by the need of unusual learning,......
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McMurdo v. Getter
...been required from the proprietor of a business, attesting his fitness to carry it on. Commonwealth v. McCarthy, 225 Mass. 192. Bronold v. Engler, 194 N.Y. 323. A different has been applied to the learned professions. These are characterized by the need of unusual learning, the existence of......
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Ellis v. Gold
...* * * where the contractor is not licensed" (Vitanza v. City of New York, supra, at 44, 367 N.Y.S.2d 820; see, e.g., Bronold v. Engler, 194 N.Y. 323, 87 N.E. 427 [recovery denied to unlicensed plumbing firm even though firm's manager was licensed]; Wexler v. Rust, 144 A.D. 296, 128 N.Y.S. 9......
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Charlebois v. J.M. Weller Associates, Inc.
...N.Y.S.2d 820, affd. 40 N.Y.2d 872, 388 N.Y.S.2d 273, 356 N.E.2d 1232). In contrast, the Court of Appeals explained in Bronold v. Engler, 194 N.Y. 323, 325, 87 N.E. 427: A builder might contract to erect and complete a house or other structure including the plumbing work for a gross sum and ......