Legal Opinion

Raabe v. . Squier

New York Court of Appeals

Decided December 19, 1895PublishedCited by 45 opinions

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made October 17,1893, which affirmed a judgment in favor of defendants entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made October 17,1893, which affirmed a judgment in favor of defendants entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The decision was a non-suit, and cannot be sustained, if on the plaintiffs’ evidence, assuming its truth and every reasonable inference in plaintiffs’ favor, they might have recovered. (Scofield v. Hernandez, 47 N. Y. 315; Place v. Hayward, 117 N.…

1Opinion of the CourtHaight, J.

This action was brought to recover the sum of $2,800, the balance claimed to be due on contracts between the defendants Squier and Whipple and the plaintiffs, in which the plaintiffs undertook to furnish the woodwork for ten houses which the defendants Squier and Whipple were building on West End avenue in the city of Hew York, which were owned by the defendants Jencks and Stokes.

The complaint alleges that the defendants Jencks and Stokes “ promised and agreed with the plaintiffs to be answerable to the said plaintiffs for the payments to be made under the contracts aforesaid, and guaranteed…

2Cases cited9 opinions

  1. White v. . RintoulNew York Court of Appeals · 1888
  2. Place v. . HaywardNew York Court of Appeals · 1889
  3. Ackley v. . ParmenterNew York Court of Appeals · 1885
  4. Wood v. . LaryNew York Court of Appeals · 1891
  5. Scofield v. . HernandezNew York Court of Appeals · 1872

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3Cited by45 opinions

  1. Veazey v. . AllenNew York Court of Appeals · 1903
  2. Hanover National Bank v. American Dock & Trust Co.New York Court of Appeals · 1896
  3. Lander v. Samuel Heller Leather Co.Massachusetts Supreme Judicial Court · 1943
  4. Mullaney v. C. H. Goss Co.Supreme Court of Vermont · 1923
  5. McNulty Bros. v. OffermanAppellate Division of the Supreme Court of the State of New York · 1910

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