Milicie v. Pearson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Baldassare Milicie, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the'county of Kings on the 24th day of February, 1905, upon the dismissal of the complaint by direction of the court after, a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 3d day of March, 1905, denying the plaintiff’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the plaintiff, Baldassare Milicie, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the'county of Kings on the 24th day of February, 1905, upon the dismissal of the complaint by direction of the court after, a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 3d day of March, 1905, denying the plaintiff’s motion for a new trial made upon the minutes. The defendant was tenant of a store and made a contract with Sielke & Co. for them to fit it up and put trade fixtures in it for a…
1Opinion of the Court
Gaynor, J.:
The judgment should be affirmed. The plaintiff’s assignor knew that Sielke & Co. had a contract with the defendant to ft up his store and became contractor to .them to .do. part of. that .contract, viz., put in the fixtures in question, which he did. The defendant" had no contract with or obligation to him whatever; he had to pay( and did pay his own contractors, Sielke & Co.. The plaintiff’s assignor knew of the defendant’s contract, with Sielke &. Co. before he made his with them, and agreed with them to furnish, the chattels to be delivered to the defendant under their…
2Cases cited1 opinion
- Kerby v. ClappAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Effron v. HaileNew York Supreme Court · 1951
- In re Waters-Colver Co.District Court, E.D. New York · 1913
- Crocker-Wheeler Co. v. Genesee Recreation Co.New York Supreme Court · 1911
- Jacobs v. FeinsteinAppellate Division of the Supreme Court of the State of New York · 1909