Cunningham v. Massena Springs & Ft. C. R.
New York Supreme Court
Appeal from judgment on report of referee. Action by Marcus 0. Cunningham against the Massena Springs & Ft. Covington Railroad Company to recover on a contract for building defendant’s road. Paper A, referred to in the opinion, was an agreement between defendant and Richard Young for the completion of the pile bridge mentioned in the opinion. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtPutnam, J.
Plaintiff brought this action to recover a balance claimed to be due for constructing a portion of defendant’s railroad under a verbal contract alleged to have been made with one Foster, president and general manager of defendant, and which contract was afterwards in part reduced to writing. The case was tried before a referee, who found in favor of the plaintiff. The defendant insists that the referee made various errors in his rulings in the course of the trial, and in his findings upon the facts and law, for which judgment should be reversed.
1. Defendant claims that the referee erred in…
2Cases cited8 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
- Wilson v. Kings County Elevated RailroadNew York Court of Appeals · 1889
- Lee v. Pittsburgh Coal & Mining Co.The Superior Court of New York City · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bare v. Victoria Coal & Coke Co.West Virginia Supreme Court · 1914
- Davies v. Harvey Steel Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Hurst v. Trow's Printing & Bookbinding Co.New York Court of Common Pleas · 1893
- The J. S. WardenCourt of Appeals for the Third Circuit · 1914
- Johnston v. DahlgrenAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.