Teaz v. Chrystie
New York Court of Common Pleas
Appeal from the Marine Court. This action was brought by Teaz against David Chrystie and the Mayor, Aldermen and Commonalty of the city of New York.
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Appeal from the Marine Court. This action was brought by Teaz against David Chrystie and the Mayor, Aldermen and Commonalty of the city of New York. Upon the trial below, the following facts appeared : That the defendant, Chrystie, had a contract dated 20th September, 1853, with the defendants, the Mayor, Aldermen, and Commonalty of the city of New York, to do the mason-work in building a station house in the Sixth Ward, for which a stipulated sum was to be paid in instalments. That Chrystie employed the plaintiff (verbally) to do the blue stone work on said building, and furnish the…
1Opinion of the CourtWoodeuff, J.
In this case, the plaintiff furnished work and materials in pursuance of an agreement with the contractor, and in conformity with a contract between the owner and contractor for the erection of a building. During the progress of the work, and after its completion, the plaintiff received the contractor’s promissory notes for the full amount of the work, which notes he endorsed over to third parties, who paid him the amount thereof, and who brought suits thereon, and recovered judgments against the contractor, which remain unsatisfied, executions having beeli returned.
After the protest of the…
2Cited by2 opinions
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Linneman v. BieberNew York Supreme Court · 1895