Ogden v. Pioneer Iron Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Beecher Ogden, from an order of the Supreme Court, made at the Kings County Special Term and entered in' the office of the clerk of the county of Q.ueens on the 27th day of November, 1903, staying all proceedings on the part of the plaintiff until the determination of, and entry of judgment in, another action pending in the'Supreme Court in which the Pioneer Iron Works is plaintiff and the H. W. Johns-Manville Company, the alleged assignor of Beecher…
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Appeal by the plaintiff, Beecher Ogden, from an order of the Supreme Court, made at the Kings County Special Term and entered in' the office of the clerk of the county of Q.ueens on the 27th day of November, 1903, staying all proceedings on the part of the plaintiff until the determination of, and entry of judgment in, another action pending in the'Supreme Court in which the Pioneer Iron Works is plaintiff and the H. W. Johns-Manville Company, the alleged assignor of Beecher Ogdén, is defendant.
1Opinion of the Court
Hirschberg, P. J. :
In February, 1902, the defendant, the Pioneer Iron Works, contracted with the H. W. Johns-Manville Company to build for the latter a steam asphalt roofing plant for $11,600. The contract provided that time should be of the essence, and that the sum of $100 per day should be paid by the defendant as liquidated damages for a failure to complete the plant after a certain, stipulated period. In September, 1903, the defendant brought an action in the Supreme Court, Kings county, against the H. W. Johns-Manville Company to recover an unpaid balance of the purchase price of the…
2Cases cited9 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Dolbeer v. . StoutNew York Court of Appeals · 1893
- Travis v. . MyersNew York Court of Appeals · 1876
- De Groot v. JayNew York Supreme Court · 1859
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3Cited by9 opinions
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- Rosenberg v. SlotchinAppellate Division of the Supreme Court of the State of New York · 1917
- Burke v. BettsNew York Supreme Court · 1926
- Walkup v. MesickAppellate Division of the Supreme Court of the State of New York · 1905
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