Cox v. Halloran
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward A. Cox, from a judgment of the County Court of Dutchess county in favor of the defendant, entered • in the office of the clerk of the county of Dutchess on the 21st day of December, 1900, dismissing the complaint after a trial before the court and a jury at a Trial Term of said County Court.
1Opinion of the Court
Jenks, J.:
Ducker & Co., builders, contracted with Halloran to build a house for him. For this purpose Ducker & Co. obtained lumber from the firm of which plaintiff is the surviving member. Plaintiff sues Halloran for a balance due upon the price of the material, and complains that between! August 15, 1899, and December 27, 1899, Hal-. loran became indebted to him in $918 for lumber furnished to Halloran by the said plaintiff, all at Halloran’s special instance and request, and for which the said Halloran promised and agreed to pay the plaintiff. The plaintiff’s testimony varied radically from…
2Cases cited7 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Raabe v. . SquierNew York Court of Appeals · 1895
- Wheeler v. HallAppellate Division of the Supreme Court of the State of New York · 1900
- Alley v. TurckAppellate Division of the Supreme Court of the State of New York · 1896
- Franklin Bank Note Company v. . MacKeyNew York Court of Appeals · 1898
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3Cited by2 opinions
- Cox v. HalloranAppellate Division of the Supreme Court of the State of New York · 1903
- Leslie v. GroverAppellate Division of the Supreme Court of the State of New York · 1909