Colyer v. Guilfoyle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph H. Oolyer, from a judgment of-the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 6th day of April, 1899, upon the dismissal of the complaint upon the merits, by direction of the court, after a trial before the court and a jury, at the Kings County Trial Term, and also from an order entered in said- clerk’s office on the 3d day of April, 1899, denying the plaintiff’s motion for a new…
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Appeal by the plaintiff, Joseph H. Oolyer, from a judgment of-the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 6th day of April, 1899, upon the dismissal of the complaint upon the merits, by direction of the court, after a trial before the court and a jury, at the Kings County Trial Term, and also from an order entered in said- clerk’s office on the 3d day of April, 1899, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam : *
The action is brought to recover damages for a conspiracy between the defendant and Henry White and Henry A. White, to cheat and defraud the plaintiff out of certain material and the value thereof,- sold by the plaintiff to Henry A. - White. The defendant is- a builder who, at the time of the occurrence which is the subject of the action, was engaged in the erection of an armory. The plaintiff alleges that Henry White made a contract with the defendant to do the plastering for the sum of $15,000, which the defendant agreed to pay; that on the faith and credit of this contract…
2Cases cited3 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Moore v. TracyNew York Supreme Court · 1831
- Pilcher v. LevinoNew York Supreme Court · 1894
3Cited by2 opinions
- Glencove Granite Co. v. City Trust, Safe Deposit & Surety Co.Court of Appeals for the Third Circuit · 1902
- Weeks v. Van NessAppellate Division of the Supreme Court of the State of New York · 1905