Meyer v. Haven
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William R. Haven, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 1.5th day of January, 1900» upon the report of a referee, and also from so much of an order of the Supreme Court, made at the Erie, Special Term and entered in in the office of the clerk of the county of Erie on the Ytli day of February, 1901, as denies the said defendant’s motion to set aside and vacate…
Read the full summary
Appeal by the defendant, William R. Haven, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 1.5th day of January, 1900» upon the report of a referee, and also from so much of an order of the Supreme Court, made at the Erie, Special Term and entered in in the office of the clerk of the county of Erie on the Ytli day of February, 1901, as denies the said defendant’s motion to set aside and vacate the said judgment.
1Opinion of the Court
Davy, J.:
The defendant Haven, on the 12th of May, 1892, entered into a contract in writing with the New York Central and Hudson River Railroad Company to construct and complete certain shops at Depew, N. Y. Haven sublet the structural iron work for erecting shops “ A ” and “ B,” so called, to the plaintiffs. The brick work on the walls of shop “ B ” was erected by the defendant to the height of twenty-six feet. The work was then suspended, for the reason that- the plaintiffs were not. in readiness to erect the iron trusses. This condition of things continued with respect to shop “ B ” until…
2Cases cited8 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Witherbee v. . MeyerNew York Court of Appeals · 1898
- Heath v. New York Building Loan Banking Co.New York Court of Appeals · 1895
- Allen v. . McConiheNew York Court of Appeals · 1891
- Louisville & Nashville Railroad v. HollerbachIndiana Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Menorah Nursing Home, Inc. v. ZukovAppellate Division of the Supreme Court of the State of New York · 1989
- McKibbin v. PierceCourt of Appeals of Texas · 1916
- Bavaria Investment Co. v. Washington Brick, Lime & Sewer Pipe Co.Washington Supreme Court · 1914
- Southern Ferro Concrete Co. v. Federal Terra Cotta Co.Supreme Court of Florida · 1920
- Veverka v. SpinellaNew York Supreme Court · 1969
5 more not listed; retrieve them via the Exa API.