Hennessy v. Village of Pleasantville

On the face of the situation presented, the defendant is in default in failing to pay the plaintiffs, contractors, amounts apparently due to the latter under the certificate of the engineer known as No. 8 and the final certificate. The so-called estimate of December, 1924 (No. 8), made by that arbiter entitled the plaintiffs to $14,142.72 as of its date. It has never been paid. In another action tried before a jury, my colleague, Mr. Justice Tompkins, directed a verdict for the plaintiffs against the defendant for the amount of that estimate and interest. The estimate contained an…