MacKnight Flintic Stone Co. v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, The Mayor, Aldermen and Commonalty of the City of New York, for a new trial upon a case containing exceptions,' ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff, rendered on the 26th day of April, 1897, after a trial at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
This cause comes up for review on exceptions ordered by the trial justice to be heard in the first instance by this court, and the question is, whether under the proofs the plaintiff was entitled to the verdict rendered in its favor. The action was brought to recover the contract price of certain work and labor performed and materials furnished by the plaintiff to the defendant under a formal written contract. The plaintiff alleges in its complaint that it strictly performed the contract. That allegation was denied and a plain issue was thus raised concerning it.' That was the…
2Cases cited1 opinion
- MacKnight Flintic Stone Co. v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- McEntyre v. TuckerAppellate Division of the Supreme Court of the State of New York · 1898
- Claflins, Inc. v. GerberAppellate Division of the Supreme Court of the State of New York · 1925