McMahon v. . the New York and Erie Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Action to recover for work performed and materials furnished by Patrick McMahon (who had assigned his claim to the plaintiff) in the construction of two sections of the Mew York and Erie Bailroad. The trial was before one of the justices, without jury and sitting in part out of term time, under a stipulation, substantially as referee.
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Appeal from the Supreme Court. Action to recover for work performed and materials furnished by Patrick McMahon (who had assigned his claim to the plaintiff) in the construction of two sections of the Mew York and Erie Bailroad. The trial was before one of the justices, without jury and sitting in part out of term time, under a stipulation, substantially as referee. It appeared that the work was performed under a written contract, and was completed in October, 1848. A large part of it consisted of earth and rock excavation, of which three different classes were defined in the contract, a…
1Opinion of the CourtSelden, J.
The decision filed by the referee in this case, consists of a series of mingled conclusions of fact and of law; and the printed Case contains no such statement of the facts found by him as will of itself enable this court to judge as to the accuracy of those conclusions. I find, however, appended to the Case, a printed paper, entitled in the cause and headed: “ Statement of facts.” It is not signed, nor in any way specially authenticated; but from its position, I shall assume, especially as against the appellant, by whom the papers are presented, that it is authentic, and shall follow it so…
2Cases cited2 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- Smith v. BriggsNew York Supreme Court · 1846
3Cited by61 opinions
- Cox v. McLaughlinCalifornia Supreme Court · 1881
- White v. . MillerNew York Court of Appeals · 1877
- Faber v. . City of New YorkNew York Court of Appeals · 1918
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Dustan v. . McAndrewNew York Court of Appeals · 1870
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