Mansfield v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Tenn of the Supreme Court, in the second judicial department, entered upon an order made May 16, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Tenn of the Supreme Court, in the second judicial department, entered upon an order made May 16, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. The nature of the action and the material facts are stated in the opinion. The defendant was bound under the contract to have the foundations ready at the time of requiring the plaintiff’s firm to commence the work under the notice, so that said firm could proceed with the work without any substantial delay, hindrance or damage. (Peck v.…
1Opinion of the Court
Huger, Ch. J.
This action was brought to recover the damages arising from a breach by the defendant of a contract made by it on April 5, 1876, with Grill & Mansfield for the construction of an elevator. The complaint alleges as a breach that the defendants failed to have the foundations ready for the erection of the elevator, at the time notice was served upon them and they were required to commence work for its construction, and claim damages therefor by reason of increased expense in doing the work and supplying materials, and loss of gain or profits, arising from the delay occasioned by the…
2Cases cited8 opinions
- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Cross v. . BeardNew York Court of Appeals · 1862
- Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
- Gardner v. HeyerNew York Court of Chancery · 1829
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
- Peckham Road Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1969
- Rochester Park, Inc. v. City of RochesterNew York Supreme Court · 1963
- Meyers v. LiebeskindAppellate Terms of the Supreme Court of New York · 1905
6 more not listed; retrieve them via the Exa API.