Trombley v. . Seligman
New York Court of Appeals
Appeal from' a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1907, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from' a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 14, 1907, affirming a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant’s exceptions to the reception of evidence, and the refusal of the trial court-to strike out evidence, must avail to reverse the judgment. (Ayers v. D., L. & W. R. R. Co., 158 N. Y. 254; City of Niagara Falls v. N. Y. C. & H. R. R. R. Co., 168 N. Y. 610;…
1Opinion of the CourtHiscock, J.
This action was brought to recover the value of materials and labor alleged to have been furnished and supplied by the plaintiffs to the defendant in the erection of a cottage at Lake Placid. The defendant, who was the owner of the premises where the cottage was erected originally, made a contract with one Williams to build the same but the latter eventually made default in the performance of his contract. The well-defined issue which was vigorously litigated on the trial was whether the plaintiffs furnished their material and services to Williams, the contractor, or' to defendant, the owner.…
2Cases cited1 opinion
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