Condict v. . Onward Construction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred to the prejudice of defendants in excluding all evidence offered in support of the counterclaim set up in the answer of the defendant Onward Construction Company.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 5, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred to the prejudice of defendants in excluding all evidence offered in support of the counterclaim set up in the answer of the defendant Onward Construction Company. (Day v. Pool, 52 N. Y. 416; Briggs v. Hilton, 99 N. Y. 517; Fairbank Canning Co. v. Metzger, 118 N. Y. 260; Norwich Light Co. v. Ames,…
1Opinion of the CourtCollin, J.
The action is to recover an unpaid balance of the contract price for the construction by the plaintiff of a refrigerating plant in an apartment house. The contract was between the defendant, the Onward Construction Company, as the owner, and the plaintiff as the contractor. The defendant Stokes guaranteed the performance of it on the part of the owner. The Appellate Division unanimously affirmed the judgment rendered upon the verdict.
The defendants assert that the trial court erred in excluding all evidence in proof of the counterclaim alleged by the answer of the defendant company.
The…
2Cases cited8 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Matter of WilkinsNew York Court of Appeals · 1902
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- A. & S. Henry & Co. v. TalcottNew York Court of Appeals · 1903
- Neidlinger v. Onward Construction Co.Appellate Division of the Supreme Court of the State of New York · 1905
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3Cited by5 opinions
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- Kuhs v. Flower City Tissue Mills Co.New York Supreme Court · 1918
- Board of Education, Union Free School District No. 5 v. A. Barbaresi & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Topeka Bridge & Iron Co. v. Board of County Com'rsSupreme Court of Oklahoma · 1925