Legal Opinion

New York & New Haven Automatic Sprinkler Co. v. Andrews

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

Decided July 1, 1899PublishedCited by 8 opinions

Appeal by the defendant, James F. Andrews, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk óf the county of New York on the 25th day of April, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16tli day of May, 1898, denying the defendant’s motion for a new trial made upon the minutes. This appeal was transferred from the first department to the second department.

1Opinion of the Court

Cullen, J. :

This action was brought to recover the contract price for furnishing to and equipping the defendant’s factory with the dry pipe system of the ■ automatic sprinkler. The agreement between the parties was in writing, and consisted of a proposal on the part of the plaintiff and acceptance by the defendant! The proposal provided that the system should be equipped in accordance with the rules and regulations of the New York board of fire underwriters, and that the contract price should be payable after a certificate of approval should have been issued by that board. The plaintiff…

2Cases cited5 opinions

  1. Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
  2. Milbank v. . JonesNew York Court of Appeals · 1894
  3. Chatfield v. . SimonsonNew York Court of Appeals · 1883
  4. Thomas v. . FleuryNew York Court of Appeals · 1862
  5. New York & New Haven Automatic Sprinkler Co. v. AndrewsNew York Court of Common Pleas · 1893

3Cited by8 opinions

  1. People v. . FieldingNew York Court of Appeals · 1899
  2. Dickinson v. . TysenNew York Court of Appeals · 1913
  3. Lindeberg v. HodgensAppellate Terms of the Supreme Court of New York · 1915
  4. Broadway Trust Co. v. FryAppellate Terms of the Supreme Court of New York · 1903
  5. New York & New Haven Automatic Sprinkler Co. v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1901

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