Legal Opinion

Weiss v. Morrell

New York Court of Common Pleas

Decided March 8, 1894No. 2PublishedCited by 3 opinions

Appeal from city court, general term. Action by Ignatz Weiss and others against Joseph B. Morrell and another for work, labor, and services in manufacturing certain materials furnished by defendants into uniforms at the agreed price •of $1,856.70. The answer alleged that the work was not done in a good and workmanlike manner; that plaintiffs failed to return surplus cloth to the account of defendants to the amount of any demand by plaintiffs which might be proved on the…

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Appeal from city court, general term. Action by Ignatz Weiss and others against Joseph B. Morrell and another for work, labor, and services in manufacturing certain materials furnished by defendants into uniforms at the agreed price •of $1,856.70. The answer alleged that the work was not done in a good and workmanlike manner; that plaintiffs failed to return surplus cloth to the account of defendants to the amount of any demand by plaintiffs which might be proved on the trial. The action having been regularly reached on the calendar, defendants failed to appear. Their default was entered, and…

1Opinion of the CourtDaly, C. J.

■ The contention of defendants, is that plaintiffs were not entitled to $30 trial fee for their inquest, because there was no trial of an issue of fact; there being no denial in the answer, and the affirmative defense therein set up not having been tried, and a trial fee only being allowed upon the trial of an issue of fact. Code, § 3251, subd. 3. It is argued that, a plaintiff being entitled only to a verdict, decision, or judgment (Code, § 990), and these plaintiffs, not being entitled to a verdict or decision, because there was no issue tried, were not entitled to a trial fee in taking…

2Cases cited5 opinions

  1. Embury v. . ConnerNew York Court of Appeals · 1850
  2. Pomeroy v. Hulin & BeebeNew York Supreme Court · 1852
  3. Dodd v. CurryNew York Supreme Court · 1849
  4. Buck v. Manhattan Ry. Co.New York Court of Common Pleas · 1889
  5. Robins v. GouldNew York Supreme Court · 1876

3Cited by3 opinions

  1. Schorner v. SchornerNew York Supreme Court · 1985
  2. Moniz v. National Constructors, Inc.New York Supreme Court · 1952
  3. Engberman v. North German Lloyd Steamship Co.Appellate Terms of the Supreme Court of New York · 1903

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