Quin v. Astor
New York Supreme Court
Error from the New-York common pleas. Quin, in December, 1826, sued Astor in the common pleas, and declared against him for work, labor and services. The plaintiff, un- ° 3 1 3 der a judge’s order, had. delivered the following bill of particulars : “ Common Pleas. John Quin v. John Jacob Astor.
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Error from the New-York common pleas. Quin, in December, 1826, sued Astor in the common pleas, and declared against him for work, labor and services. The plaintiff, un- ° 3 1 3 der a judge’s order, had. delivered the following bill of particulars : “ Common Pleas. John Quin v. John Jacob Astor. Particulars of plaintiff’s demand. 1821, April 20. To setting posts, with boards, for selling lots, $2. To paving done in Broadway, $50. To carting earth to Haggerty’s lot, 800 loads, at 5c. pr. load, $40. To extra, filling, occasioned by raising Washington st. 9348 loads, at 5c. pr. load, $467.04.” In…
1Opinion of the Court
By the Court, Sutherland, J.
This was an action of assumpsit, brought by Quin against Astor. It appeared from the statement of the plaintiff’s counsel in opening his case, that Quin had contracted with Astor at some antecedent period to fill in and otherwise regulate certain lots belonging to him in the city of New-York; that Astor had paid the contract price, but that certain extra, labor had been performed by Quin in 1817, ’18, ’19, and that this action was brought to recover compensation for that extra, labor. A bill of particulars had been delivered by the plaintiff, in which all the…
2Cited by2 opinions
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