Alley v. Turck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William J. Turck,' from a judgment of the County Court of Ulster county in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 11th day of January, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of January, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam, J.:
In the month of March, 1893, one Samuel Brundage contracted to erect for one Robert Mains a house, and to do all the work and furnish all the materials therefor. The plaintiff entered into an agreement with said Brundage to do the mason work required by said contract. The defendant was a surety for Brundage, becoming responsible to Mains for the completion of the house according to the contract. Brundage was then indebted to the defendant, and the latter was about to furnish the former with lumber necessary to *51perforin said contract. Brundage thereupon, and shortly after the…
2Cases cited3 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- White v. . RintoulNew York Court of Appeals · 1888
- Ackley v. . ParmenterNew York Court of Appeals · 1885
3Cited by3 opinions
- Mannetti v. DoegeAppellate Division of the Supreme Court of the State of New York · 1900
- Cox v. HalloranAppellate Division of the Supreme Court of the State of New York · 1903
- Cox v. HalloranAppellate Division of the Supreme Court of the State of New York · 1901