Becker v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 29, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 29, 1901, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court having refused to allow the case to go to the jury, and having directed a verdict against the plaintiff, she is entitled to the most favorable inferences deducible from the evidence, and the facts are to be treated as established in her favor. (Higgins v. Eagleton, 155 N. Y. 466; Ten…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff is the assignee of the claim of one Benjamin J. Carr, Junior, a contractor, arising under a contract made with him by the city of New York on November 13th, 1889, for regulating and grading Claremont avenue, from 122nd street to 127th street.
This action has been twice tried. The first trial resulted in a verdict directed for the plaintiff upon the first and second causes of action set forth in the complaint, the third and fourth causes of action…
2Cases cited3 opinions
- First National Bank v. . DanaNew York Court of Appeals · 1879
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Stone v. . FlowerNew York Court of Appeals · 1872
3Cited by5 opinions
- Lentilhon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Becker v. . City of New YorkNew York Court of Appeals · 1903
- Becker v. . City of New YorkNew York Court of Appeals · 1903
- Becker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Richtman v. United StatesUnited States Court of Claims · 1912