Heine v. . Meyer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of the plaintiff entered upon a verdict. This action was brought to recover the value of work done and materials furnished by the plaintiff for the defendant, in the alteration of an old building in the city of New York, and converting it into a warehouse.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of the plaintiff entered upon a verdict. This action was brought to recover the value of work done and materials furnished by the plaintiff for the defendant, in the alteration of an old building in the city of New York, and converting it into a warehouse. The work was commenced under a contract, in writing, between the parties, by which the plaintiff agreed to do the mason work and furnish the necessary materials for the alteration, in accordance.with certain…
1Opinion of the Court
Lott, Ch. C.
The principal question presented for our decision on the present appeal, arises on the instruction given by the court in his charge to the jury, that if the defect in the walls existed when the plaintiff commenced his work, then the plaintiff had a right to recover. It appears to have been assumed on the trial, and so the court charged without objection, that the department of public buildings was authorized by law to stop the further prosecution of the work when the defect was discovered, and that the plaintiff was bound to obey its order, and on receiving it to discontinue his…
2Cited by19 opinions
- Macon & Birmingham Railroad v. GibsonSupreme Court of Georgia · 1890
- Raner v. GoldbergNew York Court of Appeals · 1927
- New Era Homes Corp. v. ForsterNew York Court of Appeals · 1949
- Doherty v. Monroe Eckstein Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
14 more not listed; retrieve them via the Exa API.