McLaren v. Fischer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles McLaren, from a judgment of the - Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 12th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Kings County Trial Term. The transactions out of which the canse of action arose are fully stated in the opinion of Woodward, J.
1Opinion of the Court
Hatch, J.:
I am linable to agree with the conclusion reached. by Mr. .Justice Woodward in this case. Before the contract was made between the plaintiff’s assignor and Mrs. Lefebvre the defendant had notice of it, and knew its terms and conditions. By virtue of that contract he must be presumed to have known that plaintiff’s assignor had obligated herself to pay damages at the rate of twenty-five dollars a day during the period covered by the taking down and erection of the party wall. It was in view of this condition that the agent of plaintiff’s assignor inquired of the defendant the time…
2Cases cited1 opinion
- Spann v. Erie Boatman's Transp. Co.New York Supreme Court · 1895
3Cited by1 opinion
- Southwest Engineering Co. v. Reorganized School District R-9Missouri Court of Appeals · 1968