Builders' Brick & Supply Co. v. Walsh Transportation Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the city of New York, borough of The Bronx, second district, in favor of the defendant, entered upon the verdict of a jury.
1Opinion of the CourtMullan, J.
The action is by the letter to hire, of a dredge, for the agreed rent, and for damages for the negligent use of the dredge by the defendant hirer. The latter denied generally, and counterclaimed for damages for breach of a claimed implied warranty of reasonably good working condition. The counterclaim was dismissed, and the case was given to the jury solely upon the plaintiff’s claim, and the defendant had a verdict. The view we take makes it unnecessary to discuss the proofs offered in support of the counterclaim.
The learned trial justice, over the objection and exception of the plaintiff,…
2Cases cited19 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- De Witt v. BerrySupreme Court of the United States · 1890
- Rinaldi v. . Mohican Co.New York Court of Appeals · 1918
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3Cited by5 opinions
- Hoisting Engine Sales Co. v. . HartNew York Court of Appeals · 1923
- Schmidt-Hitchcock Contractors v. DunningArizona Supreme Court · 1931
- La Rocca v. FarringtonAppellate Division of the Supreme Court of the State of New York · 1949
- LaRocca v. FarringtonNew York Supreme Court · 1948
- Ventimiglia v. Brockway Motor Truck Corp.Appellate Terms of the Supreme Court of New York · 1932