Hurd v. Wing
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Harvey J. Hurd and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 16th day of September, 1903, upon the report of a referee reversing a judgment of the Municipal Court of the city of Buffalo, in favor of the plaintiffs, and dismissing the plaintiffs’ complaint upon the merits.
1Opinion of the Court
Hiscock, J.:
This action was brought by plaintiffs to recover from defendant an unpaid balance for lumber claimed by them to have been delivered to Edson B. Sawdy and Emma A.,Sawdy. They base their right to recover upon an agreement between defendant and said Sawdys, whereby it is alleged that defendant, for a good consideration, agreed to pay certain debts for which the Sawdys were liable and which included the balance in question due to plaintiffs.
The learned referee before whom the case was last tried dismissed plaintiffs’ complaint upon the ground that in the case of Edson B. Sawdy no…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Embler v. Hartford Steam Boiler Inspection & InsuranceNew York Court of Appeals · 1899
- Hurd v. WingAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Spartan Concrete Corp. v. Harbour Valley Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1979