Graves Elevator Co. v. Callanan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Graves Elevator Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 12th day of November, 1895, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 12th day of November, 1895, granting the defendant an additional allowance of five per cent upon the amount involved.
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Appeal by the plaintiff, The Graves Elevator Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 12th day of November, 1895, upon the report of a referee, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 12th day of November, 1895, granting the defendant an additional allowance of five per cent upon the amount involved. In the spring of 1893, one Henry Allen was engaged in erecting a hotel upon premises owned by him at Lake Placid, N. Y. Allen…
1Opinion of the Court
Herrick, J.:
The referee found that “ work on putting the elevator in place was commenced about June 19th, and finished about June 27th, 1893.”
I think the date given, as the time when the elevator was finished, must be a clerical error. I can find no evidence to sustain a finding that it was finished June twenty-seventh, but some that it was finished July twenty-seventh. The testimony of the witnesses, as to the time when it was finished, ranged from July fifteenth to July twenty-seventh, and the finding in that respect should be corrected accordingly.
The referee also found that the elevator…
2Cases cited5 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Otis v. SillNew York Supreme Court · 1849
- Kribbs v. . AlfordNew York Court of Appeals · 1890
- Parsons v. . LoucksNew York Court of Appeals · 1871
3Cited by11 opinions
- Duntz v. Granger Brewing Co.New York Supreme Court · 1903
- Washington Trust Co. v. Morse Iron Works & Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Quinn v. Bancroft-Jones CorporationCourt of Appeals for the Second Circuit · 1927
- In re KelloggDistrict Court, W.D. New York · 1901
- Breakstone v. Buffalo Foundry & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1915
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