McEntyre v. Tucker
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Patrick B. McEntyre against Charles A. Tucker to recover the value of the work performed by the plaintiff for the defendant under a contract for the erection and completion of a frame house and stable at Islip, L. I. The referee found that the defendant had waived the requirements in the contract that Freeman should give certificates of the work done, or that said work, or any part, was done to his satisfaction, and…
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Appeal from judgment on report of referee. Action by Patrick B. McEntyre against Charles A. Tucker to recover the value of the work performed by the plaintiff for the defendant under a contract for the erection and completion of a frame house and stable at Islip, L. I. The referee found that the defendant had waived the requirements in the contract that Freeman should give certificates of the work done, or that said work, or any part, was done to his satisfaction, and reported that the. plaintiff was entitled to a judgment against the defendant for the sum of $1,663.71, with costs. Defendant…
1Opinion of the CourtBookstaver, J.
This action is brought to recover a balance claimed to be due on a building contract and for extra work. The first question to be determined is whether or not the certificate annexed to the case is sufficient to warrant the court, in reviewing the facts on appeal. It is in the foEowing words: “The annexed case contains all the evidence bearing upon the exceptions given (taken) upon the trial.” This is very different from the certificates in Dibble v, Dimick, (Com. Pl. N. Y.) 23 N. Y. Supp. 680, and Hyman v. Friedman, (Com. Pl. N. Y.) 18 N. Y. Supp. 446, affirmed 138 N. Y. 639, 34 N. E. Rep.…
2Cases cited7 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Hyman v. FriedmanNew York Court of Common Pleas · 1892
- Hugg v. ShankNew York Supreme Court · 1889
- Davis Sewing-Machine Co. v. BestNew York Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Howe v. WoolseyNew York Court of Common Pleas · 1894
- McEntyre v. TuckerNew York Court of Common Pleas · 1895