Fox v. Cowperthwait
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Action by Harriet M. Fox against Josephine E. Cowperthwait. From an interlocutory judgment overruling a demurrer to the com-plaint, defendant appeals.
1Opinion of the CourtJerks, J.
This is an appeal from an interlocutory judgment overruling a demurrer. Plaintiff, a subcontractor, complains that the defendant and a contractor executed an agreement whereby the defendant was to advance certain payments as a building progressed, and that plaintiff was to be paid out of the funds due on the sixth payment named in that agreement, which provided, inter alia, that the work should all be done under the supervision and to the satisfaction of Henry E. Hillier, and that the various payments “shall be made only with the assent of Morris P. Ferris, attorney for the mortgagee, and…
2Cases cited5 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Hubbard v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1898
- Hubbard v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- American Concrete Steel Co. v. HartCourt of Appeals for the Second Circuit · 1922