Hawke v. Brown
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel L. Hawke, from a judgment of the Supreme Court in favor of the defendant, John Crosby Brown, individually and as one of the executors, etc., of James Brown, deceased, entered in the office of the clerk of the county of Erie on the 9th day of September, 1897; also from a judgment in favor of the defendants, Edwin P, Thayer and Charles R. Hastings, entered in said clerk’s office on the 30th day of October, 1897, upon a nonsuit granted by the…
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Appeal by the plaintiff, Samuel L. Hawke, from a judgment of the Supreme Court in favor of the defendant, John Crosby Brown, individually and as one of the executors, etc., of James Brown, deceased, entered in the office of the clerk of the county of Erie on the 9th day of September, 1897; also from a judgment in favor of the defendants, Edwin P, Thayer and Charles R. Hastings, entered in said clerk’s office on the 30th day of October, 1897, upon a nonsuit granted by the court after a trial at the Erie Trial Term, and also from two orders entered in said clerk’s office on the 11th day of…
1Opinion of the Court
Green, J.:
The appellant contends that the respondents were chargeable with negligence in the selection and employment of an incompetent contractor to perform the work required.
It is alleged in the complaint that Luther was then “ engaged in business as a practical carpenter, mason, and builder; ” but that he had no theoretical or practical knowledge of .building or mason work; that he possessed none of the experience, knowledge or qualifications necessary for a contractor to make the alterations provided for by the contract; that he was wholly without the information .usually possessed by…
2Cases cited4 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Morton v. . ThurberNew York Court of Appeals · 1881
- Berg v. ParsonsNew York Supreme Court · 1895
3Cited by13 opinions
- Silveus v. GrossmanSupreme Court of Pennsylvania · 1932
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Fuller v. PalazzoloSupreme Court of Pennsylvania · 1937
- Joyce v. Convent Avenue Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Bokoshe Smokeless Coal Co. v. MoreheadSupreme Court of Oklahoma · 1912
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