Legal Opinion

Colwell Lead Co. v. Home Title Insurance

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

Decided December 6, 1912No. Appeal No. 1PublishedCited by 9 opinions

Appeal by the defendant, the Home Title Insurance Company of New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of April, 1912,. upon the decision of the court, rendered after a trial at the New York Special Term, sustaining plaintiff’s demurrer to three separate defenses designated first, second and third, contained in' defendant’s answer on the ground that they…

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Appeal by the defendant, the Home Title Insurance Company of New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of April, 1912,. upon the decision of the court, rendered after a trial at the New York Special Term, sustaining plaintiff’s demurrer to three separate defenses designated first, second and third, contained in' defendant’s answer on the ground that they are insufficient in law on the face thereof.

1Opinion of the Court

Laughlin, J.:

The plaintiff alleges that on or about the 1st day of October, 1910, at the special instance and request of one Cery adora, the owner of certain premises situated at the southwest corner of Maple and East Forty-eighth streets, borough of Brooklyn, New York, it furnished and delivered certain bathroom and plumbing fixtures, described in a conditional bill of sale, a copy of which was annexed to the complaint, of the agreed price and value of $1,100, to be installed and which were installed in the building on said premises; that prior to the delivery of the fixtures the conditional…

2Cases cited2 opinions

  1. Jacobie v. . MickleNew York Court of Appeals · 1894
  2. Fitzgibbons Boiler Co. v. Manhasset Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by9 opinions

  1. Holland Furnace Co. v. LoweSupreme Court of Georgia · 1931
  2. American Laundry Machinery Co. v. LarsonWisconsin Supreme Court · 1934
  3. Lasch v. Columbus Heating & Ventilating Co.Supreme Court of Georgia · 1932
  4. Prisco & Soverio, Inc. v. Bifurco BrothersAppellate Division of the Supreme Court of the State of New York · 1931
  5. Foreman v. Nordon Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915

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