Legal Opinion

Grant v. Shurter

New York Supreme Court

Decided August 15, 1828PublishedCited by 26 opinions

This was an action of assumpsit, tried before the Hon. James Emott, one of the circuit judges, at the Ulster circuit, in November, 1827. The declaration contained the usual COunts for work, labor and services, goods, wares and mer_ 7 707 chandize, and cut stone, sold and delivered to the intestate. Plea, the general issue.

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This was an action of assumpsit, tried before the Hon. James Emott, one of the circuit judges, at the Ulster circuit, in November, 1827. The declaration contained the usual COunts for work, labor and services, goods, wares and mer_ 7 707 chandize, and cut stone, sold and delivered to the intestate. Plea, the general issue. The plaintiff proved work done by him on a lock on the * * . Delaware and Hudson canal, which the intestate had engaged to construct, and also the furnishing of a quantity of cut stone ^or construction of the lock, at the request of the intestate; shewed the value of the…

1Opinion of the Court

By the Court,

Woodworth, J.

This is an action of assumpsit for work, labor and services, and materials found.

The plaintiff proved that be was employed by the intestate to do some work in finishing one of the locks on the Delaware and Hudson canal, and to furnish cut stone, &c.; that he performed the work and delivered the stone agreeably to his contract.

The defendants offered E. Alliger as a witness. He was objected to on the ground of interest, and sworn on his voire dire. He stated that he was a partner with B. Alliger in the building of the lock, was interested with him in the contract for…

2Cited by26 opinions

  1. Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
  2. Voorhis v. . Childs'New York Court of Appeals · 1858
  3. Pope v. . ColeNew York Court of Appeals · 1873
  4. Parker v. JacksonNew York Supreme Court · 1852
  5. Barnes v. . BrownNew York Court of Appeals · 1892

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