Weibert v. . Hanan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 2, 1910, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 2, 1910, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence of Greorge A. Fromme, an alleged expert, was improperly admitted and he was improperly allowed to answer many questions, the answers being materially prejudicial to defendant’s case. (Dolan v. H, etc., Co., 105 App. Div. 366; Ellis v. Thomas, 81 App. Div. 626; Doherty v. Milliken, 163…
1Opinion of the CourtWillard Bartlett, J.
This is an action on a quantum meruit for work done and materials furnished in the installation of a heating plant on the premises of the defendant. The answer put in issue the value of the work done and materials furnished, and also pleaded an express contract under which the plaintiff agreed to install in the defendant’s house, for a sum not to exceed $1,500, such a heating plant as would heat the house in cold weather to the reasonable satisfaction of the defendant, which agreement the plaintiff had totally failed to perform. The evidence on the trial indicated that the defendant’s house…
2Cases cited1 opinion
- People v. . FaberNew York Court of Appeals · 1910
3Cited by18 opinions
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- People v. JonesNew York Court of Appeals · 1989
- Massachusetts Mutual Life Insurance Company v. Thomas E. BreiCourt of Appeals for the Second Circuit · 1962
- Aetna Casualty & Surety Co. v. BarileAppellate Division of the Supreme Court of the State of New York · 1982
- Hirschfeld v. IC Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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