Dunn v. . Uvalde Asphalt Paving Co.
New York Court of Appeals
Appeal from a judgment of the Appellate" Division of the Supreme Court in the first judicial department, entered July 16, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a m otion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate" Division of the Supreme Court in the first judicial department, entered July 16, 1902, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order denying a m otion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Where damages have been recovered against a person not at fault on account of the negligence of some third party, the person so held liable may pay the judgment and thereupon sue the guilty party and recover. (O. S. N. Co. v. C. T. A. Espanola, 134…
1Opinion of the CourtWerner, J.
The defendant, the TTvalde Asphalt Paving Company, entered into a contract with the city of Blew York on July 10th, 1900, for the paving of the roadway of Eighth street, in that city, from Broadway to McDougal street. The plaintiff was a sub-contractor employed by the defendant to do the work of setting new curb and repairing the old curbstones under that contract. This action was brought to recover the balance of $2,615.27 due the plaintiff for the work done and materials furnished under his sub-co'ntract. There is no dispute as to the amount due, and the only questions presented arise upon…
2Cases cited6 opinions
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Fera v. . WickhamNew York Court of Appeals · 1892
- Munger v. . Albany City National BankNew York Court of Appeals · 1881
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3Cited by131 opinions
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- H. Sand & Co., Inc. v. Airtemp CorporationCourt of Appeals for the Second Circuit · 1991
- Scott v. . CurtisNew York Court of Appeals · 1909
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