Beardsley v. Cook
New York Supreme Court
Appeal from circuit court, Dutchess county. Action by Charles Beardsley against George H. Cook on an accepted order. From a judgment entered on a trial before a judge without a jury, defendant appeals. Defendant was the owner of certain buildings in process of construction by Davis & Fay, contractors.
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Appeal from circuit court, Dutchess county. Action by Charles Beardsley against George H. Cook on an accepted order. From a judgment entered on a trial before a judge without a jury, defendant appeals. Defendant was the owner of certain buildings in process of construction by Davis & Fay, contractors. The contractors, being indebted to plaintiff for labor and building materials furnished for defendant’s buildings, drew an order in favor of plaintiff, which recited that defendant should “retain and pay to” plaintiff $1,175 “from the last payment to be made” on account of the contract for the…
1Opinion of the CourtPratt, J.
This is an appeal from a judgment entered upon a trial before a judge of this court without a jury. The defendant, in his brief, makes no point that the findings are not warranted by the evidence. The only question, therefore, to be considered, is whether the conclusions of law are proper from the facts found. We have, however, examined the exceptions filed to the findings of fact, and find that each of said findings is supported by the evidence in the casa. The order in question w'as given in consideration of the sum of between $400 and $700 then due, and more to receive, for materials…
2Cases cited6 opinions
- Manchester v. . BraednerNew York Court of Appeals · 1887
- Stevens v. . OgdenNew York Court of Appeals · 1891
- Gibson v. . LenaneNew York Court of Appeals · 1883
- Home Bank v. . DrumgooleNew York Court of Appeals · 1888
- Gurnee v. HuttonNew York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hurd v. Johnson Park Inv. Co.The Superior Court of the City of New York and Buffalo · 1895
- Hurd v. Johnson Park Investment Co.Superior Court of Buffalo · 1895