Fitzgibbons Boiler Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fitzgibbons Boiler Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of July, 1915, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 2d day of July, 1915, granting defendant’s motion for the direction of a verdict.
1Opinion of the Court
Davis, J.:
This action is brought to recover possession of seven boilers installed on city property, or, if not the possession, the balance due on their purchase price.
Three causes of action are alleged in the complaint; the first refers to three 100-horse power boilers sold and delivered by plaintiff to the subcontractor Rossman & Bracken Company on April 25, 1904, and by that company installed in the Gouverneur Hospital pursuant to its agreement with John R. Sheehan & Co., the general contractor with the city; the *465second relates to two 125-horse power boilers, sold and delivered by plaintiff…
2Cases cited2 opinions
- Jermyn v. HunterAppellate Division of the Supreme Court of the State of New York · 1904
- In re John R. Sheehan & Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Realty Associates v. Conrad Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1918