Mt. Morris Electric-Light Co. v. United States Horse & Cattle Show Society
New York Court of Common Pleas
Appeal from city court, general term. Action by Mt. Morris Electric-Light Company against United States Horse & Cattle Show Society. From a judgment of the city court (27 N. Y. Supp. 419) affirming a judgment entered on a verdict in favor of plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
The action is in contract, for the value of work, labor, and material in lighting' up defendant’s premises for a horse show. On the trial the sole question in controversy was whether the plaintiff guarantied the sufficiency of the light. That it was insufficient is a formal concession of record. The amount of the *585recovery was not disputed; but whether there could be any recovery depended upon the issue as to the guaranty of the light, and upon that the evidence was conflicting, and the struggle strenuous.
Against objection, and under exception, the court received proof of an insolvent…
2Cases cited16 opinions
- In Re the Probate of the Will of SmithNew York Court of Appeals · 1884
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Erben v. . LorillardNew York Court of Appeals · 1859
- Coleman v. . People of the State of N.Y.New York Court of Appeals · 1874
- Thallhimer v. BrinckerhoffNew York Supreme Court · 1830
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3Cited by5 opinions
- Carter v. PitcherNew York Supreme Court · 1895
- Cooke v. McAleenaAppellate Terms of the Supreme Court of New York · 1896
- Duffy v. BeirneAppellate Division of the Supreme Court of the State of New York · 1898
- Duffy v. BeirneAppellate Division of the Supreme Court of the State of New York · 1898
- Outlook Hotel Co. v. St. JohnCourt of Appeals for the Third Circuit · 1924