James C. McGuire & Co. v. H. G. Vogel Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, in favor of plaintiff for $402 damages, besides costs, entered upon the overruling of a demurrer following defendant’s failure to plead over, as the interlocutory judgment permitted it to do.
1Opinion of the CourtGuy, J.
This action was brought to recover money had and received alleged to have been paid under duress. The complaint alleges that on or about April 23, 1913, plaintiff was the general contractor for the construction of a building, and that on said date it entered into a contract in writing with the defendant wherein and whereby defendant agreed to install an automatic fire sprinkler system in said premises, which should conform with the requirements of the New York Fire Insurance Exchange and be approved by said exchange, for the sum of $7,850, which plaintiff agreed to pay therefor; that on June…
2Cases cited6 opinions
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Van Dyke v. WoodAppellate Division of the Supreme Court of the State of New York · 1901
- Lilienthal v. George Bechtel Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Martin v. . New Rochelle Water CompanyNew York Court of Appeals · 1900
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