Fox v. Cowperthwait
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Josephine N". Oowperthwait, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester ■ on the 5th day of January, 1901, upon the decision of the court, rendered after a trial at the Westchester Special Term,, overruling a demurrer to the complaint.
1Opinion of the Court
Jenks, J.:
This is an appeal from an interlocutory judgment overruling a demurrer. Plaintiff, a sub-contractor, complains that the defendant and a contractor executed an agreement whereby the defendant was to advance certain payments as a building progressed, and that plaintiff was to be paid out of the funds due on the sixth payment named in that agreement, which provided, inter alia, that the work should all be done under the supervision and to the satisfaction of Henry E. Hillier, and that the various payments “ shall be made only with the assent of Morris P. Ferris, attorney for the…
2Cases cited4 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Hubbard v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- American Concrete Steel Co. v. HartCourt of Appeals for the Second Circuit · 1922
- Rush v. Eileen Rich, Inc.New York Supreme Court · 1958
- Marburg v. ColeAppellate Division of the Supreme Court of the State of New York · 1941
- Smith v. CaryAppellate Division of the Supreme Court of the State of New York · 1914