Garnsey v. . Rhodes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. This was an action to recover a balance claimed to be due upon a contract for the erection of a house and for extra work done by plaintiff. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtMaynard, J.
The defendant has appealed from an order of the General Term reversing a judgment in his favor entered upon the report of a referee and granting a new trial. The order does not state that the reversal was upon the facts, and we are confined to a review of the questions presented by the numerous exceptions in the record, and the order must be affirmed if any material error of law appears to have been committed.
The action was upon a building contract, and the defendant was permitted to show, against the objection of the plaintiff, several conversations between him and one of the architects, in…
2Cases cited2 opinions
- Dewey v. . MoyerNew York Court of Appeals · 1878
- People v. . BrooksNew York Court of Appeals · 1892
3Cited by19 opinions
- People v. . WebsterNew York Court of Appeals · 1893
- People v. LiccioneAppellate Division of the Supreme Court of the State of New York · 1978
- People v. McDowellNew York Court of Appeals · 1961
- Brink v. . StrattonNew York Court of Appeals · 1903
- Dickey v. StateAlabama Court of Appeals · 1916
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