Weeks v. Rector, Churchwardens & Vestrymen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry 0. Weeks, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 8th day of January, 1900, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury, and also from an order entered in said cleric’s office on the 5th day of January, 1900, denying the plaintiff’s motion for a new trial made upon the-.minutes.
1Opinion of the Court
Rumsey, J.:
It is alleged in the complaint that on the 19th of June, 1895, the plaintiff, made a contract with the defendant by which he agreed to finish the mason work on a building which the defendant was about to erect; that by the terms of the contract he Was to provide at his own expense all materials ■ and labor, scaffolding, implements, and cartage for the work ; that he was to proceed with the work and every part and detail thereof in a prompt and diligent manner and should do the several parts thereof at such times and in such order as the architect might direct, and should finish the…
2Cases cited3 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Allamon v. Mayor of AlbanyNew York Supreme Court · 1864
3Cited by12 opinions
- State v. FeigelIndiana Supreme Court · 1931
- Mack v. StateNew York Court of Claims · 1923
- Studer v. RasmussenWyoming Supreme Court · 1959
- Madison Pictures, Inc. v. Pictorial Films, Inc.New York Supreme Court · 1956
- Kleinfelter v. GrangerNew York Supreme Court · 1911
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