Wellington v. Continental Const. & Imp. Co.
New York Supreme Court
Appeal from judgment entered on report of referee. This action is brought to recover two separate demands. The first and •smaller is for work, labor, and services alleged to have been done by plaintiff for defendant.
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Appeal from judgment entered on report of referee. This action is brought to recover two separate demands. The first and •smaller is for work, labor, and services alleged to have been done by plaintiff for defendant. Tiie second and larger is for work, labor, and services alleged to have been performed by plaintiff for the Boston, Hoosac Tunnel & Western Railroad Company, incorporated in New York, February 16, 1877. This corporation was consolidated in New York with a Vermont corporation of the same name, April 19, 1880, which may be called the “First Consolidated Company.” Subsequently, by…
1Opinion of the CourtLearned, P. J.
In regard to the first cause of action the letter of defendant to Burt, dated August 11, 1881, is very full. It authorizes him to act for the company in completing existing contracts for the construction; in acquiring rights of way; in obtaining necessary engineering; authorizing him to draw for necessary disbursements. It appears, too, that a large amount of drafts drawn by Burt on the defendant for construction were paid prior to February, 1882. Now, there is certainly some evidence given by the plaintiff that he did work for defendant under Burt during the period embraced in the first…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Porter v. . SmithNew York Court of Appeals · 1887
- Christensen v. . EnoNew York Court of Appeals · 1887
- Mann v. . PentzNew York Court of Appeals · 1850
- Wheat v. . RiceNew York Court of Appeals · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Arnstein v. HaulenbeekNew York Court of Common Pleas · 1890
- Leucke v. TredwayMissouri Court of Appeals · 1891
- Dunston v. Hoptonic Co.Michigan Supreme Court · 1890
- Goodrich v. GilliesNew York Supreme Court · 1891
- Davis v. WillisNew York Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.