Colwell v. Lawrence & Foulks
New York Supreme Court
APPEAL from a judgment entered upon the report of a' referee. The plaintiff, as assignee of the limited partnership of Berkbecks & Hodges, sued the defendants to re-recover an amount due for steam'engine work. The plaintiff’s demand was twofold: 1st. For a balance due on a contract job, and some extras connected therewith, amounting to $2064.62. 2d.
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APPEAL from a judgment entered upon the report of a' referee. The plaintiff, as assignee of the limited partnership of Berkbecks & Hodges, sued the defendants to re-recover an amount due for steam'engine work. The plaintiff’s demand was twofold: 1st. For a balance due on a contract job, and some extras connected therewith, amounting to $2064.62. 2d. For an amount of a bill for alterations and' additions, made on changing the form or construction of a plan of two engines from being disconnected, into being connected. Amount $1283.35. Total claim $3347.97. The following facts 'were found by the…
1Opinion of the Court
By the Court, Ingraham, P. J.
This action was brought by the assignee of an insolvent firm, to recover moneys due upon contracts with the firm for work, &c. The case was referred, and the referee has reported for the plaintiff. The various exceptions taken by the defendants will be noticed in the order in which they were submitted in the defendants’ points.
*6471st. The defendants object to the plaintiff’s title under the assignment, upon the ground that the assignment was not executed by all the'partners, Whatever force there would have been in this objection if properly presented, the defendants…
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