Kelly v. St. Michael's Roman Catholic Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, St. Michael’s Roman Catholic Church in the City of Brooklyn, from SO' much of a judgment of the Supreme Court, in part in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 2d day of September, 1910, upon the report of a referee, as awards judgment against said defendant; and by the defendant, Charles E. McDonnell, bishop, etc., from so much of said judgment as dismisses the complaint as to him, without costs,…
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Appeal by the defendant, St. Michael’s Roman Catholic Church in the City of Brooklyn, from SO' much of a judgment of the Supreme Court, in part in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 2d day of September, 1910, upon the report of a referee, as awards judgment against said defendant; and by the defendant, Charles E. McDonnell, bishop, etc., from so much of said judgment as dismisses the complaint as to him, without costs, with notice of an intention to bring up for review an interlocutory order denying the defendants? motion to require…
1Opinion of the Court
Burr, J.:
Plaintiffs bring this action against St. Michael’s Roman Catholic Church in the City of Brooklyn, sued as St. Michael’s Roman Catholic Church, and Charles E. McDonnell, bishop of the Roman Catholic church for the diocese of Brooklyn.
*769For a first cause of action they allege that on the 29th day of May, 1901, they entered into an agreement with the defendant St. Michael’s Church to perform work, labor and services; and furnish certain materials in connection with the construction of the church and rectory buildings. They allege full performance of such contract, and a balance remaining…
2Cases cited13 opinions
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Langley v. . RoussNew York Court of Appeals · 1906
- Gallagher v. . NicholsNew York Court of Appeals · 1875
- Woodruff v. . Roch. Pitts. R.R. Co.New York Court of Appeals · 1888
- Davidson v. . Village of White PlainsNew York Court of Appeals · 1910
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Levy v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Lurzer Gmbh v. American Showcase, Inc.District Court, S.D. New York · 1998
- Ross Engineering Co. v. PaceCourt of Appeals for the Fourth Circuit · 1946
- Abinet v. MediavillaAppellate Division of the Supreme Court of the State of New York · 1957
- Peter A. Camilli & Sons, Inc. v. StateNew York Court of Claims · 1963
10 more not listed; retrieve them via the Exa API.