Wangler v. . Swift
New York Court of Appeals
Appeal from judgment of the Gfeneral Term of the Supreme Court, in the first judicial department, entered upon an order made at the April term, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the trial court. The nature of the action and the material facts are stated in the opinion. Until certificate of engineer in charge of the work had been procured and notice thereof given to defendant, any suit would be premature.
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Appeal from judgment of the Gfeneral Term of the Supreme Court, in the first judicial department, entered upon an order made at the April term, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the trial court. The nature of the action and the material facts are stated in the opinion. Until certificate of engineer in charge of the work had been procured and notice thereof given to defendant, any suit would be premature. (Hyse v. Walafield, 6 M. & W. 451.) Plaintiff could maintain this action upon the previous notice and demand actually given and made,…
1Opinion of the CourtDanforth, J.
According to the case made by the original complaint, one Jackson was engaged during September and October, 1870, in the construction of a bridge (for the city of Brooklyn) over Bushwick creek, and induced Sherman and Kiyler to furnish materials and perform labor thereon during those months to the amount of $2,584.39, which he agreed to pay. Without doing so he died, and Mary Jackson was appointed administratrix of his estate.
Thereafter, on the 23d of November, 1871, for a satisfactory consideration to him paid, the defendant agreed with her that he would pay Sherman and Kiyler such sum as…
2Cases cited3 opinions
- Stanton v. WetherwaxNew York Supreme Court · 1853
- Locklin v. . MooreNew York Court of Appeals · 1874
- Lamphere v. CowenSupreme Court of Vermont · 1869
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- Electric Lighting Co. of Mobile v. Elder Bros.Supreme Court of Alabama · 1896
- Davis v. Badders & BrittSupreme Court of Alabama · 1891
- Southern Manufacturing Co. v. R. L. Moss Manufacturing Co.Court of Appeals of Georgia · 1913
- First National Bank v. . StoryNew York Court of Appeals · 1911
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
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