Stannard v. Robert H. Reid & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert H. Reid & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of October, 1906, upon the'verdict of a jury, and also from an order entered in said clerk’s office' on the 26tli day of October, 1906, denying the defendant’s motion .for a new trial made upon the ■minutes. . ■ • This action was brought to recover damages for an alleged-breach of…
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Appeal by the defendant, Robert H. Reid & Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of October, 1906, upon the'verdict of a jury, and also from an order entered in said clerk’s office' on the 26tli day of October, 1906, denying the defendant’s motion .for a new trial made upon the ■minutes. . ■ • This action was brought to recover damages for an alleged-breach of contract to do marble and terrazzo work in the United States Post Office and Court. House “at Elmira, N. Y. The issues .…
1Opinion of the Court
Laughlin, J.:
I am Of the opinion that the plaintiff was entitled to the benefit of -the formal amendment to the complaint made on the first trial. It only related to the date that the contract became of force. The contract bore date the day it was originally alleged to have been made. The amendment changed that date from November 20, 1901, to January 3, 1902, the day the. defendant mailed the contract signed by it to the plaintiff. The court would doubtless have directed the service of the pleading as amended had that been requested. . ....
The court by declining to instruct the jury that…
2Cases cited6 opinions
- Union Bank of Chicago v. Kansas City BankSupreme Court of the United States · 1890
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Milwaukie & Minnesota Railroad v. SoutterSupreme Court of the United States · 1865
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
- New York & Western Union Telegraph Co. v. JewettNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- Matarazzo v. HustisDistrict Court, N.D. New York · 1919
- Jamaica Savings Bank v. Florizal Realty Corp.New York Supreme Court · 1978
- Knickerbocker Ice Co. v. BensonCity of New York Municipal Court · 1935
- Trans World Maintenance Services v. Fort Tryon Apartment Corp.Civil Court of the City of New York · 1995