Bradley & Currier Co. v. Ward
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Marcus T. Ward and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon .the verdict of a jury in favor of the plaintiff directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York on the 27th day of November, 1896. The action is brought to recover a balance of $472 upon an order drawn by Henry Taylor, a builder, upon…
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Motion by the defendants, Marcus T. Ward and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon .the verdict of a jury in favor of the plaintiff directed by the court after a trial at a Trial Term of the Supreme Court held in and for the county of New York on the 27th day of November, 1896. The action is brought to recover a balance of $472 upon an order drawn by Henry Taylor, a builder, upon the defendants, jiayable out of the third payment, when due, upon a building contract between Taylor and the defendants,…
1Opinion of the Court
O’Brien, J.:
The order given by the contractor to the plaintiff upon the defendants was prior in point of time to the filing of the mechanics’ liens, though it is conceded that both by some months antedated the time when the third payment became due. No request was made to go to the jury upon the question of the acceptance of the order; and, even if we regard the testimony as conflicting, a verdict having been directed, it must be assumed that this conflict was resolved in plaintiff’s favor. The question, therefore, presented upon this appeal is whether the rights of the plaintiff under the…
2Cases cited4 opinions
- Lauer v. . DunnNew York Court of Appeals · 1889
- Post v. . CampbellNew York Court of Appeals · 1881
- Baltes v. . Union Trust Co.New York Court of Appeals · 1904
- De Mets v. MossNew York Court of Appeals · 1892
3Cited by3 opinions
- Armstrong v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1904
- Miller v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- Armstrong v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1904