Colwell v. Lawrence
New York Court of Appeals
This is an appeal from a judgment rendered by the general term of the supreme court held in the first judicial district, affirming the report of a referee. The plaintiff was the assignee of a limited partnership called Birkbeeks & Hodges, and as such sued the appellants to recover an amount due for steam engine work.
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This is an appeal from a judgment rendered by the general term of the supreme court held in the first judicial district, affirming the report of a referee. The plaintiff was the assignee of a limited partnership called Birkbeeks & Hodges, and as such sued the appellants to recover an amount due for steam engine work. The plaintiff below claimed balance of a contract job and some extras amounting to $2,064.62, also a bill for alterations and additions made to the same engines-Sl,283.35. Birkbecks & Hodge's on the 28th day of May, 1857, entered into a contract with the appéllarits to build for…
1Opinion of the Court
By the court, Miller, J.
If is -insisted that the referee . erred in not awarding damages to the-defendants by way of recoupment or set off to the plaintiff’s demand fqr the negligent and unskillful construction of the-engines built, and in failing to make a decision upon the issue joined in reference to said damages.
The referee has made no special finding as to this claim, and there is no request to make any such finding, but he allowed an off-set of $781.68 to the defendants. It does not appear of what i' sm this amount is composed, nor'is it very material in my opinion, as the evidence as…
2Cases cited4 opinions
- Smith v. GugertyNew York Supreme Court · 1848
- Staples v. ParkerNew York Supreme Court · 1864
- Hoag v. McGinnisNew York Supreme Court · 1839
- People v. HainerCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by2 opinions
- Iroquois Furnace Co. v. Wilkin Manufacturing Co.Illinois Supreme Court · 1899
- Chicago House-Wrecking Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1901