Gates v. Dundon
New York Court of Common Pleas
Appeal from city court, general term. Action by Ephraim G. Gates and others against Arthur H. Dundon and Luman A. Soule on a promissory note. From a judgment of the general term of the city court affirming a judgment for defendants, plaintiffs appeal.
1Opinion of the CourtDaly, C. J.
The defendant Soule contracted to build for the defendant Dundon a house in Fordham, R. Y., and abandoned the work before it was completed, and after he had been, overpaid for what he had done. The plaintiffs, Ephraim 0. Gates & Co., had sold.lumber to Soule for this house, and the note in suit was given in payment for such material. The answer of Dundon set up (1) want of consideration; (2) false representations by plaintiffs as to the value of the material supplied by them and used in the house and not paid for; the allegation being that defendant was willing to pay plaintiffs the price or…
2Cases cited2 opinions
- Fearing v. IrwinNew York Court of Common Pleas · 1873
- Van Dyke v. . MaguireNew York Court of Appeals · 1874