McEntyre v. Tucker
Appellate Division of the Supreme Court of the State of New York
-Appeal by the defendant, Clarence Tucker, from an order of' the Supreme Court, made at the New York Special Term and. entered. in the office of the clerk of the county of New York on the llth ■day of March, 1899, allowing the plaintiff to serve an amended complaint upon terms.
1Opinion of the Court
Van Brunt, P. J.:
This action was upon a building contract, and was originally brought in the Court of Common Pleas in 1882. A trial was had before the referee appointed by the court and a judgment was entered dismissing the complaint. Upon appeal this judgment was reversed, with costs to the plaintiff to abide the event. A new trial being had, the plaintiff recovered. Upon appeal this judgment was reversed upon the ground that, under the pleadings, the plaintiff could not recover, and costs were awarded to the •defendant to abide the final event. The plaintiff, finding that he could not…
2Cited by10 opinions
- Bates v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Kyle v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1909
- O'Hara v. DerschugNew York Supreme Court · 1934
- Lindblad v. LyndeAppellate Division of the Supreme Court of the State of New York · 1903
5 more not listed; retrieve them via the Exa API.