Heughes v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frederick L. Heughes and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 2d day of May, 1898, upon the report of a referee dismissing the complaint.
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Appeal by the plaintiffs, Frederick L. Heughes and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 2d day of May, 1898, upon the report of a referee dismissing the complaint. The plaintiffs bring this action to recover'the amount alleged to be due them upon a contract entered into between them and the defendant for the construction and erection of a number of iron gates at the entrance of certain school buildings in the city of Rochester. The contract price of these gates was $1,920, but as they failed…
1Opinion of the Court
Adams, J.:
The plaintiffs, although nominally parties to the contract, upon the provisions of which they rest their right of action, confessedly have hut little, if any, interest therein, for it is one of the undisputed facts of the case that immediately upon its execution an agreement was entered into between the plaintiffs and one Jacob J. Young, by which the latter was to perform all' the work and furnish all the materials required by the contract. In short, the contract was, in violation of its express provisions, virtually transferred to Young, who was, at the time of its execution and…
2Cases cited4 opinions
- People v. . FlackNew York Court of Appeals · 1891
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- Smith v. . City of AlbanyNew York Court of Appeals · 1875
- Beebe v. Board of Sup'rsNew York Supreme Court · 1892
3Cited by6 opinions
- Finnegan v. ButlerNew York Supreme Court · 1920
- In re MoranAppellate Division of the Supreme Court of the State of New York · 1911
- Langley v. FurmanNew York Supreme Court · 1928
- People ex rel. Spaulding v. Board of SupervisorsNew York Supreme Court · 1901
- Sebring v. StarnerNew York Supreme Court · 1922
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