Secor v. Law
The Superior Court of New York City
This .was an action to recover for work done and- materials furnished by the plaintiffs, at the defendant’s request, consisting principally of two low pressure steam engines,, constructed and placed on board of two- vessels, known as the Ohio and Georgia, at a certain contract price, and also for certain additional work done and materials furnished on board of such vessels, in putting up-some coal bunkers-with their appurtenances.
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This .was an action to recover for work done and- materials furnished by the plaintiffs, at the defendant’s request, consisting principally of two low pressure steam engines,, constructed and placed on board of two- vessels, known as the Ohio and Georgia, at a certain contract price, and also for certain additional work done and materials furnished on board of such vessels, in putting up-some coal bunkers-with their appurtenances. In April, 1847, a Mr. Sloo made a contract in writing, with the Secretary of the Navy of the United States to establish a line of steamships to transport the…
1Opinion of the CourtRobertson, J.
The defendant’s objection of want of proper parties, is confined to the original contract for building and putting up the machinery in question, and the •additional work and materials furnished by the plaintiffs’ •firm, and does not extend to any subsequent valid undertakings of his. The plaintiffs’reply sets' up, apparently, four defenses to. the claim for damages in the answer, besides a general denial that any damages arose from the cause assigned, to wit: 1st. A cotemporaneous agreement •to extend the time, from the impossibility of completing the work within that fixed therefor. ■ 2d: A…
2Cases cited8 opinions
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Travis v. BargerNew York Supreme Court · 1857
- Perry v. TynenNew York Supreme Court · 1856
- Staats v. HowlettNew York Supreme Court · 1847
- Brown v. CumingNew York Supreme Court · 1804
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3Cited by4 opinions
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