Izzo v. Ludington
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ira M. Ludington, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 16th day of May, 1902, upon the verdict of a jury for $1,093.38, and also from an order denying the defendant’s motion for a new trial made upon the minutes. The order denying the motion for a new trial, referred to in the notice of appeal, does not appear in the record.
1Opinion of the Court
Chester, J.:
The defendant was a railroad contractor having a contract to construct an extension of the Greenwich and Johnsonville Eailway. The plaintiff entered into a verbal contract with the defendant to furnish him such Italian laborers as he should need on the work. The terms of the contract are in dispute. The plaintiff claims that the defendant was to pay him one dollar per head for each of the laborers furnished. The defendant, on the other hand, claims that the plaintiff was to pay him one dollar each for such laborers. Plaintiff also claimed that he was to board and lodge the…
2Cases cited4 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Ryan v. PistoneNew York Supreme Court · 1895
- Shaver v. . Western Union Telegraph Co.New York Court of Appeals · 1874
- Weinhauer v. MorrisonNew York Supreme Court · 1888
3Cited by11 opinions
- Hugel v. HabelAppellate Division of the Supreme Court of the State of New York · 1909
- Perlick & Co. v. Lakeview Creditor's Trustee CommitteeWest Virginia Supreme Court · 1982
- Ballen Friedman v. Bank of KremlinSupreme Court of Oklahoma · 1913
- Smith v. Morin Bros.Appellate Division of the Supreme Court of the State of New York · 1931
- Held v. Caldwell-Easton Co.Appellate Division of the Supreme Court of the State of New York · 1904
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