Smith v. Ferris
New York Court of Common Pleas
_ Appeal by the defendant from a judgment of the-Fifth District Court. The action was brought to recover for work, labor, and ma- . terials, done and furnished by the plaintiff to tbe defendant, at bis special instance and request.
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_ Appeal by the defendant from a judgment of the-Fifth District Court. The action was brought to recover for work, labor, and ma- . terials, done and furnished by the plaintiff to tbe defendant, at bis special instance and request. The answer denied that tbe plaintiff did tbe work at the instance and request of tbe defendant, and alleged that tbe work was done, and materials furnished by the plaintiff, under a contract with one Gaylor, a contractor with tbe defendant; and set up as separate defences —1st. A former judgment rendered in tbe Marine Court against the plaintiff iu an action…
1Opinion of the Court
By the Court.
Dalt, F. J.
The plaintiff was not estopped by the affidavit filed with the "notice of lien, from proving the fact to be otherwise than as stated in the affidavit. The King v. Clark, 8 T. R. 220 ; Hart v. Newman, 3 Camp. 13 ; Gilles v. Watson, 2 Stark R. 453 ; Hearn v. Rogers, 9 B. & C. 577 ; Boileau v. Rutlin, 2 Excheq. 665 ; Ring v. Franklin, 2 Hall, 1; Weston v. Perriman, 1 Mason, 306. A party is not concluded by every thing lie may have said or done, even under oath. The doctrine of estoppel, to prevent the abuses or injustice that might otherwise arise, is confined within just…
2Cases cited2 opinions
- Weston v. PennimanU.S. Circuit Court for the District of Massachusetts · 1817
- Ring v. FranklinThe Superior Court of New York City · 1829
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- Martin v. McCarthyColorado Court of Appeals · 1893
- Spencer v. Citizens' Mutual Life InsuranceThe Superior Court of the City of New York and Buffalo · 1893
- Jones v. ButlerNew York Supreme Court · 1877
- Martin v. McCarthyColorado Court of Appeals · 1893
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