Farber v. Essie Const. Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Isaac O. Farber against the Essie Construction Company. Judgment for plaintiff, and defendant appeals. On motion for reargument. Motion denied.
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Appeal from City Court of New York, Special Term. Action by Isaac O. Farber against the Essie Construction Company. Judgment for plaintiff, and defendant appeals. On motion for reargument. Motion denied. At the close of the charge defendant’s counsel excepted “to the remark * * * that the ownership of Farber individually is not in dispute,” whereupon the court said he did not recall saying that, that that question was for the jury under all the evidence, and that what he did charge was that Farber could have no right superior to, or other or better than, that of the Farber Contracting…
1Opinion of the CourtGuy, J.
Defendant appellant moves for an order setting aside an order of this court denying its motion for a reargument of the appeal herein, or, in the alternative, for leave to appeal to the Appellate Division, and asks for the same relief demanded upon the original motion for reargument. The action was to recover damages for the wrongful detention by defendant of certain tools and appliances used in the erection of a building by the Farber Contracting Company under a contract made by that company with the defendant, which contract was also signed by the plaintiff, “Isaac O. Farber, Treas.”
[1] The…
2Cases cited2 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Midtown Contracting Co. v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1914