Early v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James O’Brien, as executor, etc., of Ellen O’Brien, deceased, 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 20th day of November, 1899, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of November, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action was commenced by one Benjamin Weeks to recover from Ellen O’Brien the amount unpaid under a contract by which the plaintiff was to erect a building upon certain premises belonging to the defendant. Upon the first trial the complaint was dismissed upon the ground that there was no allegation or proof that the certificate of the architect required by the contract had been given, and no allegation that such certificate had been demanded and unreasonably refused. This was reversed by the Court of Appeals upon the ground that, as it had been proven that the defendant had…
2Cases cited1 opinion
- Weeks v. . O'BrienNew York Court of Appeals · 1894
3Cited by4 opinions
- Fruin-Colnon Corp., Traylor Bros. v. Niagara Frontier Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
- Fraenkel v. . FriedmannNew York Court of Appeals · 1910
- Wakeham & Miller v. Roman Catholic Church of St. PaulAppellate Division of the Supreme Court of the State of New York · 1912
- Gomes v. Ern-Roc Homes, Inc.Civil Court of the City of New York · 1973