Mosler Safe Co. v. Maiden Lane Safe Deposit Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1910, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 14, 1910, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The acts and omissions of an architect or superintendent in respect to all matters intrusted to his determination under such contracts as those involved in this case are not impeachable except for fraud or bad faith. (Mahoney v. O. R. Co., 133 App. Div. 656; Sweet v.…
1Opinion of the CourtGray, J.
The plaintiff, in this action, has sought to recover the balance of the moneys due under three contracts with the defendant; which provided for the construction, in one, of a fire proof vault, in another, of a fire proof and burglar proof safe and, in another, of a fire and burglar proof vault. These contracts were, substantially, the same in their general provisions and each called for the completion of the work by a fixed date. Each contained an agreement for liquidating the damages, in the event of non-completion by the time fixed; the several agreements differing only in the amount. The…
2Cases cited3 opinions
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Weeks v. . LittleNew York Court of Appeals · 1882
- Willis v. WebsterAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by89 opinions
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- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- Jkc Holding Company Llc v. Washington Sports Ventures, IncorporatedCourt of Appeals for the Fourth Circuit · 2001
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