Legal Opinion

Lyth v. Green

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1897PublishedCited by 3 opinions

Appeal by the plaintiff, Alfred Lyth, from a judgment of the Supreme. Court in favor of the .defendants, entered in the office of the clerk of the county of Erie on the 31st day of December, 1896, upon the report of a referee.

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Appeal by the plaintiff, Alfred Lyth, from a judgment of the Supreme. Court in favor of the .defendants, entered in the office of the clerk of the county of Erie on the 31st day of December, 1896, upon the report of a referee. The judgment dismissed the complaint, with costs, as against Edward J. Green, and awarded' $543.40 .damages, with costs, in favor of James L. Baldwin and against the plaintiff and appointed a receiver of the personal property belonging to the plaintiff and defendant James L. Baldwin.

1Opinion of the Court

Follett, J. :

This action was begun February 20, 1895, to recover of the defendants $2,782.99, alleged to have been paid by the plaintiff for the benefit of the defendants, upon their request, and the sum of $1,184.44, a liability alleged to have been incurred by the plaintiff for the benefit of the defendants, upon their request; total, $3,967.43: It is alleged in the complaint that, August 15, 1893, Edward J. Green entered into a written contract with the city of Buffalo to' construct a sewer for $19,683, and that on the same day Edward J. Green, as principal, and Alfred Lyth and James L.…

2Cases cited2 opinions

  1. Williams v. LindblomNew York Supreme Court · 1893
  2. Williams v. . LindblomNew York Court of Appeals · 1894

3Cited by3 opinions

  1. Russell v. LythAppellate Division of the Supreme Court of the State of New York · 1901
  2. People ex rel. Robinson v. BanfieldNew York Supreme Court · 1901
  3. Lyth v. GreenAppellate Division of the Supreme Court of the State of New York · 1897

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