McMillan v. Leaman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leonard Leaman, from a judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of tliex clerk of the county of New York on the 28th day of March, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This is an action to replevin, and the facts, so far as material to the question presented, are as follows: The Metropolitan Investment Company, a foreign corporation, on the 12th of July, 1899, was engaged in constructing a building upon certain real estate in the city of New York, the record title of which stood in the name of one Wanmaker. On that day it entered into a written agree- ■ ment with the plaintiff by which he was to supply all the necessary materials and perform all the work required for the plumbing of the building according to certain plans and specifications.…
2Cases cited8 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Potter v. . CromwellNew York Court of Appeals · 1869
- Porter v. Pittsburg Bessemer Steel Co.Supreme Court of the United States · 1887
- Thompson v. . BlanchardNew York Court of Appeals · 1850
- McFadden v. . AllenNew York Court of Appeals · 1892
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3Cited by5 opinions
- Kirk v. CrystalAppellate Division of the Supreme Court of the State of New York · 1907
- Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908
- Kinman v. Nyrealty Corp.New York Supreme Court · 1938
- McMillan v. LeamanAppellate Division of the Supreme Court of the State of New York · 1907
- Schmidt v. WeeksAppellate Division of the Supreme Court of the State of New York · 1910