Legal Opinion

Asbestolith Manufacturing Co. v. Howland

Appellate Terms of the Supreme Court of New York

Decided December 29, 1909PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Asbestolith Manufacturing Company against Henry S. Howland. From a Municipal Court judgment for plaintiff, after trial- without a jury, defendant appeals.

1Opinion of the CourtGiegerich, J.

This action is brought to recover the agreed price for laying so-called asbestolith floors in certain rooms of the defendant’s residence at Montclair, N. J. The defense was that the work had been improperly done in an unworkmanlike manner, and that the plaintiff had failed substantially to perform its contract. The plaintiff had judgment, after a trial by the court without a jury, and the defendant appeals upon the ground that the judgment is against the weight of evidence, as well as upon exceptions appearing in the record.

I do not think that any errors prejudicial to the defendant were…

2Cited by2 opinions

  1. Asbestolith Manufacturing Co. v. HowlandAppellate Division of the Supreme Court of the State of New York · 1911
  2. Asbestolith Manufacturing Co. v. HowlandNew York Supreme Court · 1910

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