Haswell v. Goodchild
New York Supreme Court
Error from the superior court of the city of New-York. Goodchild sued Haswell in a justice’s court in the city of New-York, to recover the amount of an account presented by him to Haswell, for work done by him toward the building 0f a house for Haswell, under a written contract entered into by Has well with one Robert Beach, who had contracted to. build the house.
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Error from the superior court of the city of New-York. Goodchild sued Haswell in a justice’s court in the city of New-York, to recover the amount of an account presented by him to Haswell, for work done by him toward the building 0f a house for Haswell, under a written contract entered into by Has well with one Robert Beach, who had contracted to. build the house. The action was brought under the act entitled “ An act for the better security of mechanics and others erecting buildings in the city and county of New-York,” Laws of 1830, page, 412. The plaintiff declared “ for work or labor done…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff in error objects, j^rsi that 'the declaration before the justice is defective. It would be so in any other court, and also in a justice’s court, had it been objected to before the justice ; but the parties waived all objections to the pleadings, and agreed to go to trial upon the merits. The declaration should, according to the statute, have been for money had and received; it was, however, in terms, an action upon the statute; and as no objection to the declaration was taken before the justice, where it might have been amended, the judgment should…
2Cited by8 opinions
- Linn v. CollinsWest Virginia Supreme Court · 1916
- Collins v. EllisNew York Supreme Court · 1839
- Weisman v. City of BuffaloNew York Supreme Court · 1890
- Richardson v. WarwickMississippi Supreme Court · 1843
- Dart v. FitchNew York Supreme Court · 1881
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