Dunn v. Morgenthau
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bartholomew Dunn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of Novemb er, 1901, upon the report of a referee. The action was brought to recover a balance alleged to be due for work, labor and services performed by the plaintiff, under a contract for the removal of rock and earth from a number of lots owned by the defendant.
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Appeal by the plaintiff, Bartholomew Dunn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of Novemb er, 1901, upon the report of a referee. The action was brought to recover a balance alleged to be due for work, labor and services performed by the plaintiff, under a contract for the removal of rock and earth from a number of lots owned by the defendant. The lots were divided into three sections and the contract provided that the work upon each section should be completed by a specified date; that if…
1Opinion of the Court
Patterson, J.:
The learned referee before whom this case was tried has well stated in his opinion the rule of law prevailing in the State of New *148York as to stipulations in contracts' being for liquidated damages or for penalties. So much has been written upon the general subject of liquidated damages that it is unnecessary to multiply words concerning it. The leading cases in the State of ISTew York are referred to by the referee in his opinion, namely: Cotheal v. Talmage (9 N. Y. 554); Clement v. Cash (21 id. 258); Kemp v. Knickerbocker Ice Co. (69 id. 57); Ward v. H. R. B. Co. (125 id. 235);…
2Cases cited1 opinion
- Jordan & Skaneateles Plankroad Co. v. MorleyNew York Court of Appeals · 1861
3Cited by21 opinions
- Brecher v. LaikinDistrict Court, S.D. New York · 1977
- Walter E. Heller & Co. v. American Flyers Airline Corp.Court of Appeals for the Second Circuit · 1972
- Murphy v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Mortgage Corp. of NJ v. Manhattan Savings BankNew Jersey Superior Court Appellate Division · 1962
- Peabody v. Richard Realty Co.New York Supreme Court · 1910
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