Freel v. . County of Queens
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered. December 29, 1896, reversing a judgment in favor of the plaintiffs, entered upon the report of a referee, and ordering a new trial, unless the plaintiffs should stipulate to reduce the recovery to the sum of $1,730, with interest from January 1, 1894, in which event the judgment was to be modified and affirmed accordingly.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered. December 29, 1896, reversing a judgment in favor of the plaintiffs, entered upon the report of a referee, and ordering a new trial, unless the plaintiffs should stipulate to reduce the recovery to the sum of $1,730, with interest from January 1, 1894, in which event the judgment was to be modified and affirmed accordingly. This action was brought to recover a balance alleged to be due on a contract, arid also to recover the value of extra work done in connection therewith. The…
1Opinion of the CourtVann, J.
We have reached the conclusion that the plaintiffs were entitled to recover on the first cause of action alleged in their complaint for the balance due on the contract for improving the Merrick road, and that they were not entitled to recover upon the second or third causes of action relating to extra work connected with the contracts for improving Van Wyck avenue and Broadway and Liberty avenue, for the reasons given by the learned Appellate Division in its opinion. (F reel v. County of Queens, 9 App. Div. 186.) That court reversed the judgment entered upon the decision of the referee and…
2Cases cited5 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Gray v. . Board of SupervisorsNew York Court of Appeals · 1883
- Freel v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1896
- Conklin v. . SniderNew York Court of Appeals · 1887
3Cited by10 opinions
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
- American Guild v. . DamonNew York Court of Appeals · 1906
- Heerwagen v. Crosstown Street Railway Co.New York Court of Appeals · 1904
- New York Catholic Protectory v. Rockland CountyNew York Court of Appeals · 1914
- Foley v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1943
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