Legal Opinion

Clinton v. Boehm

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1910PublishedCited by 16 opinions

Appeal by the plaintiffs, Charles W. Clinton and others, surviving partners, etc., from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New Y ork on the 3d day of December, 1909, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Soott, J.:

The plaintiffs appeal from an interlocutory judgment overruling their demurrer to a counterclaim interposed by the defendants.

*74The plaintiffs are architects, and sue for a balance of fees alleged to be due them for services in preparing plans and specifications for and superintending the construction of a building for defendants, the owners -thereof. The counterclaim to which plaintiffs have, demurred is based upon an allegation of plaintiffs’ negligence in the performance of the duties which they assumed t-o perform for defendants, and raises a question as to the extent and nature…

2Cases cited2 opinions

  1. Petersen v. . RawsonNew York Court of Appeals · 1866
  2. Genovesia v. Pelham Operating Co.Appellate Division of the Supreme Court of the State of New York · 1909

3Cited by16 opinions

  1. Miller v. DeWittIllinois Supreme Court · 1967
  2. Miller v. DeWittAppellate Court of Illinois · 1965
  3. Associated Engineers, Inc. v. JobCourt of Appeals for the Eighth Circuit · 1966
  4. Olsen v. Chase Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1960
  5. Hanna v. Huer, Johns, Neel, Rivers & WebbSupreme Court of Kansas · 1983

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