Legal Opinion

Herrman v. Leland

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 1912PublishedCited by 1 opinion

Appeal by the plaintiff, James S. Herrman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of June, 1911, denying the plaintiff’s motion for a bill of particulars.

1Opinion of the Court

Miller, J.:

While the pleadings take a wide range, the issue involved in this appeal comes within a narrow compass, and may be thus stated: The plaintiff sues for services rendered as a master builder and confidential agent of the defendant in negotiating with materialmen and contractors and settling liens and charges upon an unfinished apartment house, purchased by the defendant, and in procuring the labor and material's necessary to complete the same and in supervising such completion; the defendant sets up a counterclaim for damages sustained by the plaintiff’s negligence, inattention and…

2Cases cited3 opinions

  1. Hopper v. WeberAppellate Division of the Supreme Court of the State of New York · 1903
  2. Reitmayer v. CrombieAppellate Division of the Supreme Court of the State of New York · 1904
  3. Oliver Refining Co. v. AspegrenAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by1 opinion

  1. P. J. Duff & Sons, Inc. v. LevinAppellate Terms of the Supreme Court of New York · 1912

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