Bates v. Fish Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fish Brothers’ Wagon Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 22d day of April, 1898, upon the report of a referee, and also from an order made at the Onondaga Special Term, bearing date the 19th day of March, 1898, and entered in said clerk’s office, granting the plaintiff an extra allowance of costs.
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Appeal by the defendant, Fish Brothers’ Wagon Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 22d day of April, 1898, upon the report of a referee, and also from an order made at the Onondaga Special Term, bearing date the 19th day of March, 1898, and entered in said clerk’s office, granting the plaintiff an extra allowance of costs. This action was commenced May 18,1894, against the defendant, a manufacturing corporation, to recover the balance alleged to be unpaid on contracts for the furnishing and…
1Opinion of the Court
Spring, J.:
The plan of the plaintiff required the heating of the defendant’s factory buildings with live steam coming automatically and directly from the boiler. The engine and boiler were furnished by the defendant, and it, therefore, devolved upon it to supply sufficient steam to make the system of the plaintiff a success. The hot steam came to the furnace rooms through pipes and was distributed by coils of pipe placed near the ceiling of each room. If ample steam was furnished and if the plant was free from inherent defects the capacity of the apparatus depended upon the radiating surface…
2Cases cited6 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Brown v. . FosterNew York Court of Appeals · 1888
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Chambers v. . LancasterNew York Court of Appeals · 1899
- Ellison v. CreedAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Richard v. H. P. Hood & Sons, Inc.Supreme Court of Rhode Island · 1968
- State v. FetterhoffMissouri Court of Appeals · 1987
- Rochevot v. WolfAppellate Division of the Supreme Court of the State of New York · 1904
- The VenezuelaDistrict Court, W.D. New York · 1909
- Long v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1904
4 more not listed; retrieve them via the Exa API.