Reilly v. Lee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Thomas W. Reilly and another, from an order of the Supreme Court,- made at the New York Special Term and entered in the office of the clerk of the county of New York on the 31st day of May, 1898, granting the motion of the defendant to modify and amend the judgment in the action by allowing the defendant his costs as taxed by the clerk and deducting the costs, as taxed, from the' amount of the plaintiffs’ recovery.
1Opinion of the Court
Ingraham, J.:
This action was brought upon two causes of action ; the first, to recover a balance due under a contract for masonry work in building a bridge across the Lehigh river; the second, to recover a balance for masonry work in building a bridge across the Susquehanna river. The action was referred to a referee, who filed his report, which held that the plaintiffs, not having obtained from the engineer in charge of the work the certificate referred-to in the contract, were not entitled *202to recover any sum whatever upon the first cause of action alleged in the complaint; that the…
2Cases cited1 opinion
- Burns v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1892
3Cited by1 opinion
- Wapnik v. Argonne Hat Works, Inc.City of New York Municipal Court · 1926