Smith v. . Alker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 9, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 9, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The discretion of the judge sitting at the trial of a cause, with reference to the granting or refusing of a motion to postpone, is not an uncontrolled or uncontrollable one ; but that power must be exercised according to the established rules and principles of law. His decision, if erroneous, is a cause…
1Opinion of the CourtDaheorth, J.
The action is brought upon a building contract for the balance due, and also for extra work. It was a condition of the contract that the building should be complete and perfect in every respect by the 1st of May, 1882, “ to the satisfaction of N. LeBrun & Son, architects,” “ and that no payment should be made until a certificate of the architects that the payment is due has been presented to the owner, nor the last payment be required until the building is complete and perfect, nor unless the architects shall also certify that the contract has been fully performed, and the work finished,…
2Cited by37 opinions
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- People ex rel. Rodgers v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
- Child Lumber & Manufacturing Co. v. PageWashington Supreme Court · 1902
- Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1911
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