Collins v. Knuth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodore Knuth, from a judgment of the Municipal Court of the city of New York in the fifth district of the borough' of Brooklyn in favor of the plaintiff, rendered on the 18th day of January, 1900.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff undertook to do all the plumbing work in* four houses in process of construction by the defendant. He was to receive $1,448 in all, the first payment of $600 to be made when the rough plumbing was in place. The defendant paid him $333 on account of the work and no more. In this action the plaintiff has recovered judgment for the balance of the first paymént provided for in the contract, together with interest thereon. The propriety of this recovery depends' upon whether the plaintiff had performed the contract up to the point where he became entitled to the…
2Cases cited3 opinions
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Northridge v. AstaritaAppellate Division of the Supreme Court of the State of New York · 1900
- Weisser v. MaitlandThe Superior Court of New York City · 1849
3Cited by4 opinions
- Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
- Dwane v. WeilAppellate Division of the Supreme Court of the State of New York · 1922
- Guardian Trust Co. v. PeabodyAppellate Division of the Supreme Court of the State of New York · 1907
- Kama Rippa Music, Inc. v. Ms. Melanie Schekeryk, and Ms. Melanie Schekeryk and Peter Schekeryk, Individually and D/B/A Amelanie Music, Melanie Schekeryk, Counterclaimant-Appellee, and Ms. Melanie Schekeryk and Peter Schekeryk, Individually and D/B/A Amelaine Music and Two People Music, Counterclaimants v. Kama Rippa Music, Inc., Counterdefendant-Appellant, and Kama Sutra Music, Inc. And Buddah Records, Inc., CounterdefendantsCourt of Appeals for the Second Circuit · 1975