Lord Electric Co. v. Barber Asphalt Paving Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Barber Asphalt Paving Company, from an interlocutory 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 5th day of November, 1914, overruling a demurrer to the complaint, and also as stated in the notice of appeal from the court’s decision.
1Opinion of the Court
Laughlin, J.:
The complaint contains two counts or causes of action. The first is to recover the sum of $27,488.56, which plaintiff alleges it has, in effect, been obliged to pay to the city of New York, owing to the failure of the defendant to properly perform a subcontract for part of the contract work which the plaintiff had agreed with the city of New York to perform, together with the sum of $530.75 costs recovered against it by the city. On the 18th day of June, 1909, the plaintiff entered into a contract with the city of New York for certain surface construction work on the Manhattan…
2Cases cited9 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Connecticut Mutual Life Insurance v. New York & New Haven RailroadSupreme Court of Connecticut · 1856
- Phœnix Bridge Co. v. CreemAppellate Division of the Supreme Court of the State of New York · 1905
- Phoenix Bridge Company v. . CreemNew York Court of Appeals · 1906
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3Cited by2 opinions
- Lord Electric Co. v. Barber Asphalt Paving Co.New York Court of Appeals · 1919
- Western Union Telegraph Co. v. GestAppellate Division of the Supreme Court of the State of New York · 1918