Comins v. . Hetfield
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. Also appeal from order of General Term, affirming an order of Special Term, denying a motion to set aside the report of the referee and the judgment entered thereon, and to vacate the order of reference.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. Also appeal from order of General Term, affirming an order of Special Term, denying a motion to set aside the report of the referee and the judgment entered thereon, and to vacate the order of reference. (Mem. of decision below, 12 Hun, 375.) This action was brought to recover for work, labor and materials in building certain bridges and trestle-work, connected with the Fort Edward and Glens Falls Railroad, which…
1Opinion of the Court
Millee, 1 J.
The testimony introduced by the plaintiff to prove that the bridge and trestle-work were in use by the railroad company, and have been since the railroad was completed, and that no objection was ever made by the defendants, or by I. V. Baker, to whose satisfaction the work was ■to be done was properly received. The acceptance by the railroad company, without any objection by its officers or its superintendent, Mr. Baker, was competent, to show that the work was properly done and satisfactory. There was evidence upon the trial that the plaintiff had conversed with the defendants…
2Cited by7 opinions
- Neis v. FarquharsonWashington Supreme Court · 1894
- New v. SmithSupreme Court of Kansas · 1915
- In re BudlongNew York Supreme Court · 1889
- Eighmie v. TaylorNew York Supreme Court · 1893
- Collins v. McGuireAppellate Division of the Supreme Court of the State of New York · 1902
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