Simmons v. Ocean Causeway
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Ocean Causeway of Lawrence, Long' Island, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 15th day of January, 1897, upon the verdict óf a jury, and also from an. order entered in said clerk’s office on the 5th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Ocean Causeway of Lawrence, Long' Island, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Queens on the 15th day of January, 1897, upon the verdict óf a jury, and also from an. order entered in said clerk’s office on the 5th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes. The parties entered into a contract of date August 3, 1894, whereby the plaintiffs, constituting the firm of J. A. Simmons & Co., agreed to construct and finish on or before May…
1Opinion of the Court
Bradley, J.:
The action is founded on an alleged breach of the contract by the defendant. •
The plaintiffs by their complaint charge:
• 1. That they, having nearly completed the work under the first or-causeway contract, were, on or about June 29, .1895, prevented by the defendant from' proceeding further in the fulfillment of it, and that the defendant had failed to make payments to which the plaintiffs were entitled.. 2. That the plaintiffs had also nearly completed the work under the other or bridge contract when they, at the same time) were wrongfully prevented from proceeding further with…
2Cases cited10 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Clark v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1850
- Wright v. . ReusensNew York Court of Appeals · 1892
- Lawson v. . HoganNew York Court of Appeals · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Davenport v. PrenticeAppellate Division of the Supreme Court of the State of New York · 1908
- Henderson v. CochranSupreme Court of Georgia · 1957
- General Supply & Construction Co. v. GoeletAppellate Division of the Supreme Court of the State of New York · 1912
- Taylor v. GoeletAppellate Division of the Supreme Court of the State of New York · 1911
11 more not listed; retrieve them via the Exa API.