Wittenberg v. Friederich
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Wittenberg, from a judgment of the Supreme Court in favor of the defendants John J. L. Friederich and others, entered in the office of the clerk of the county of Monroe on the 25tli day of January, 1896, upon the dismissal of his complaint as against the respondents, rendered after a trial at a Trial Term of the Supreme Court, had in and for the county of Monroe, on the 17th day of January, 1896. The court directed a nonsuit at the close of the…
Read the full summary
Appeal by the plaintiff, Henry Wittenberg, from a judgment of the Supreme Court in favor of the defendants John J. L. Friederich and others, entered in the office of the clerk of the county of Monroe on the 25tli day of January, 1896, upon the dismissal of his complaint as against the respondents, rendered after a trial at a Trial Term of the Supreme Court, had in and for the county of Monroe, on the 17th day of January, 1896. The court directed a nonsuit at the close of the evidence as to the defendants John J. L. Friederich and others.
1Opinion of the Court
Adams, J.:
The respondents are co-partners carrying on the business of contractors and builders under the firm name of “ A. Friederich & Sons.”
Upon the 4th day of August, 1894, they entered into a contract with the people of the State of New York for the erection of certain buildings, and, among others, an annex to the Rochester State *435Hospital, which was to be constructed in accordance with plans and specifications furnished to them.
Immediately upon the execution of this agreement a sub-contract was made between the respondents and their co-defendant, Frederick 0. Seitz, by which the latter…
2Cases cited2 opinions
- Devlin v. . SmithNew York Court of Appeals · 1882
- Whallon v. Sprague Electric Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Gardner v. FriederichAppellate Division of the Supreme Court of the State of New York · 1898
- Geraghty v. William Grace Co.Appellate Court of Illinois · 1910