Legal Opinion

Pucci v. Barney

New York Court of Common Pleas

Decided February 6, 1893Published

Appeal from city court, general term. Action by Antonio G. Pucci against Charles T. Barney to recover a balance due for services performed by him under a contract with defendant. From a judgment of the general term of the city court (20 N. Y. Supp. 375) affirming a judgment entered on the verdict of a jury in favor of plaintiff, and affirming an order denying a motion for a new trial, defendant appeals. Affirmed.

1Opinion of the CourtBookstaver, J.

This action was brought to recover the sum of $1,245.20 and interest, which the plaintiff claimed was the balance due to him from the defendant for excavating rock and earth from twelve lots belonging to the defendant, which was done under a written contract providing, among other things, that the “ measurements shall be made by Robert A. Serrell, city surveyor, and the payments shall be on his written certificate,” and that the defendant would pay for said work at said prices on the certificate of said surveyor. The answer denied that the plaintiff excavated the amount claimed, and alleged…

2Cases cited6 opinions

  1. Walls v. . BaileyNew York Court of Appeals · 1872
  2. Smith v. . ClewsNew York Court of Appeals · 1889
  3. Atkinson v. . TruesdellNew York Court of Appeals · 1891
  4. Anderson v. MeislahnNew York Court of Common Pleas · 1883
  5. Gerard v. CowperthwaitNew York Court of Common Pleas · 1893

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