Legal Opinion

Johnston v. Dahlgren

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1900PublishedCited by 6 opinions

Appeal by the defendant, Elizabeth Drexel Dahlgren, as executrix, etc., of John Yinton Dahlgren, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office-of the clerk of the county of New York on the 23d day of March,. 1899, upon the report of a referee. This appeal was transferred from the first department to the second department.

1Opinion of the Court

Hatch, J.:

The .plaintiffs were master plumbers and contracted with the defendant’s testator to do plumbing work in his house. After the work was' commenced it was discovered that quite extensive repairs were essential and necessary in order to properly do the-same. These alterations consisted eventually in the almost complete renovation of the house; the defendant’s testator directed the-plaintiffs to procure such work to be done, and under sucli direction the plaintiffs contracted with several different individuals and! *538. firms consisting of carpenters, painters, masons, roofers and other…

2Cases cited4 opinions

  1. Camp v. . SmithNew York Court of Appeals · 1892
  2. Cunningham v. Massena Springs & Ft. C. R.New York Supreme Court · 1892
  3. Huffstater v. HayesNew York Supreme Court · 1873
  4. Johnston v. DahlgrenAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by6 opinions

  1. Egan Marine Corp. v. Great American InsuranceCourt of Appeals for the Seventh Circuit · 2011
  2. National Cash Register Co. v. LeachCourt of Appeals of Tennessee · 1926
  3. Allen v. MillerAppellate Terms of the Supreme Court of New York · 1955
  4. Bregman v. WinklerAppellate Terms of the Supreme Court of New York · 1923
  5. Low v. Capitol Wine & Spirit Corp.Appellate Division of the Supreme Court of the State of New York · 1947

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