Baird v. Sheehan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John C. Sheehan and another, from :a judgment of the Supreme Court'in favor of the plaintiff, entered in the office of the clerk of thé county of New York on the 31st day of May, 1898, upon the report of a referee, and also from an order made at the New York Special Term and entered in said clerk’s office on the 27th day of May, 1898, granting the plaintiff an extra allowance.
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Appeal by the defendants, John C. Sheehan and another, from :a judgment of the Supreme Court'in favor of the plaintiff, entered in the office of the clerk of thé county of New York on the 31st day of May, 1898, upon the report of a referee, and also from an order made at the New York Special Term and entered in said clerk’s office on the 27th day of May, 1898, granting the plaintiff an extra allowance. The plaintiff seeks to determine controversies arising in the execution of an unwritten contract, by which he was to furnish the •defendants with granite paving blocks. The. complaint states…
1Opinion of the Court
O’Brien, J.:
The appellants contest the several causes of action as they did on> the trial before the referee, and on this appeal insist that his conclusions in favor of the plaintiff were against the weight of evidence.. To determine whether or not this view can be sustained requires an examination of the entire record, and, although to detail the evidence at length would exceed the limits of an opinion, we may, by way of summary, reach, a conclusion as to the force of the appellants’ contention. '
For a first cause of action the plaintiff alleged that he was entitled to receive monthly…
2Cases cited10 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- People v. . StephensNew York Court of Appeals · 1878
- Westerlo v. . De WittNew York Court of Appeals · 1867
- Woodworth v. . BennettNew York Court of Appeals · 1871
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3Cited by3 opinions
- Lewer v. CorneliusWashington Supreme Court · 1913
- Caristo Construction Corp. v. RubinNew York Supreme Court · 1961
- Southard v. George W. Jump Co.New York Supreme Court · 1904