Jones v. Wick
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by James J. Jones against Jacob Wick, Jr. There was-a judgment in favor of plaintiff, and defendant appeals. Reversed.
1Opinion of the CourtBischoff, J.
To an action on a contract for the excavation' of a certain area of ground, and for the supplying of sand and", stone to be used in the building erected upon the land so excavated,, the defendant set up a counterclaim for the value of the sand for which he had been charged by the plaintiff in the course of their transactions, and which, it was claimed, had been taken from the former's ground as a part of the soil excavated. Although some evidence was given by which it was sought to prove a custom governing such contracts as that in suit, the rulings of the referee, both before and after this…
2Cases cited4 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Marine Nat. Bank v. . Nat. City BankNew York Court of Appeals · 1874
- Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880
- Canavan v. StuyvesantNew York Court of Common Pleas · 1894