Berrian v. Mayor of New York
The Superior Court of New York City
Appeal from a judgment entered upon the report of a referee. The action was brought to recover a balance of $2242.67, with the interest claimed to be due the plaintiffs for work done and materials furnished.
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Appeal from a judgment entered upon the report of a referee. The action was brought to recover a balance of $2242.67, with the interest claimed to be due the plaintiffs for work done and materials furnished. At various times between the 1st of September, 1857, and 1st of April, 1858, the plaintiffs furnished work and materials for repairing and fitting up engine houses and bell-towers in the city of New York. . The work was done without contract, in separate jobs or parcels, each less than $250 in amount, under the direction of the chief engineer of the fire department, and without any…
1Opinion of the Court
*549By the Court,
Robertson, Ch. J.
The only circumstances upon which the plaintiffs rely, to take so much of their demand as accrued before December 8,1857, out of the statute of limitations, are two payments alleged to have been made by the defendants on account of such demand, within six years before the commencement of this action. The date of such commencement is not contained in the case, as required by the 43d general court rule, but it was evidently not before the date of the summons, in May, 1864. The first of such payments found by the referee, of §2610.94, as having been made on the 3d…
2Cases cited3 opinions
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
- Robert v. GarnieNew York Supreme Court · 1805
- Deyo's Executors v. Jones' ExecutorsNew York Supreme Court · 1838