Grafton v. Ball
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Robert Grafton, from so much of an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 14th day of March, 1914, as sets aside a verdict of the jury in plaintiff’s favor and grants a new trial upon the ground of newly-discovered evidence. Also an appeal by the plaintiff from an order entered in said clerk’s office on the 28th day of March, 1914, resettling the prior order.
1Opinion of the Court
Rich, J.:
This action is to recover damages for the alleged breach of a contract. It appears that the plaintiff was the owner of certain vacant lots on Bergen street, in Brooklyn, and was a practical contractor and builder. He and two other men, Heaney and Conolly, under the name of the Red Hook Realty Company, were interested in erecting houses upon said lots, the plaintiff contributing the lots and his practical experience as against their money. Later the defendant became the financial backer of the parties and acted as the plaintiff’s attorney in some of their transactions. Differences…
2Cited by6 opinions
- Collins v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1929
- McCarthy v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1964
- In re the Estate of HutchinsNew York Surrogate's Court · 1932
- In re the Estate of SmithNew York Surrogate's Court · 1939
- Donohue v. StateNew York Court of Claims · 1967
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