Charles Meads & Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of April, 1918, upon the verdict of a jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the 19th day of February, 1918, granting plaintiff’s motion for the direction…
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 13th day of April, 1918, upon the verdict of a jury rendered by direction of the court, both sides having moved for the direction of a verdict at the close of the case, and also from an order entered in said clerk’s office on the 19th day of February, 1918, granting plaintiff’s motion for the direction of a verdict and also granting it an extra allowance of costs. The action is based on a contract for the labor and…
1Opinion of the Court
Blackmar, J.:
The complaint demands judgment for $76,701.65 and interest from February 27,1914. The verdict directed was for $47,500. There are a number of items going to make up the amount of plaintiff’s claim, which were necessarily the subject of separate consideration and decision by the court. As. the verdict is much less than the amount demanded, it is impossible to determine which of the claims were allowed and which disallowed by the court, for there were no findings and no opinion. This information is buried in the general verdict, rendered by the court under a stipulation which made…
2Cases cited3 opinions
- MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Horgan v. Mayor of New YorkNew York Court of Appeals · 1899
3Cited by7 opinions
- Miller v. DeWittIllinois Supreme Court · 1967
- Garden City Floral Co. v. HuntMontana Supreme Court · 1953
- R & R Wrecking Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1976
- Fehlhaber Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1972
- Miller v. DeWittIllinois Supreme Court · 1967
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