Shipman v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles II. Shipman and another, as executors, etc., of the last will and testament of James I. Shipman, deceased, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 6th day of June, 1896, denying their motion to revive, continue and jxrosecute this action in their names as executors, etc., of James I. Shipman, deceased.
1Opinion of the Court
The following is the opinion of the Special Term:
Gaynor, J.:
This action was commenced in 1865, to recover $47,498.52 for alleged work, material and expenditures in the building of a branch line of railroad for the defendant, and damages for breach of the contract by delays and various refusals by the defendant to do its part of the contract npcessary to enable the plaintiffs to seasonably prosecute the work. The answer alleged full payment for all the work done and material furnished, and set up a counterclaim of $65,000 for alleged faulty work and other breaches of the contract by the…
2Cases cited4 opinions
- Coit v. . Campbell, Etc.New York Court of Appeals · 1880
- Lyon v. . ParkNew York Court of Appeals · 1888
- Holsman v. . St. JohnNew York Court of Appeals · 1882
- Dalton v. VanderveerNew York Supreme Court · 1894
3Cited by3 opinions
- Vicherek v. PapanekAppellate Division of the Supreme Court of the State of New York · 1953
- Crowley v. MurphyAppellate Division of the Supreme Court of the State of New York · 1898
- Van Nostrand v. Van NostrandAppellate Division of the Supreme Court of the State of New York · 1907