Keister v. Rankin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Rankin, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 4th day of August, 1898, denying defendant’s motion for a new trial made upon the ground of newly-discovered evidence.
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Appeal by the defendant, William Rankin, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 4th day of August, 1898, denying defendant’s motion for a new trial made upon the ground of newly-discovered evidence. The affidavit of Alice Louise Fleming,' read on behalf of the defendant appellant on this motion, contained, among other things, the following statement: “ Deponent, after typewriting the said agreement and making the corrections mentioned, gave to Mr. Keister the said contract as corrected, but…
1Opinion of the Court
VAN BRUNT, P. J.:
This action was commenced to recover for services as architect in superintending the erection of. the Hotel Gerard,, and the plaintiff claimed on a quamdum meruit five per cent on the cost of the building! The defendant alleged an agreement to pay two per cent on the cost. The trial took place in November, 1897, and it appeared that in October, 1893, the defendant requested the plaintiff to draw a contract between them, and the plaintiff thereupon caused to be made two type-written drafts of the contract, one of which was handed to the defendant and the -other to a Mr. Moored…
2Cited by25 opinions
- Nugent v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Markert v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- James McCreery Realty Corp. v. Equitable National BankAppellate Terms of the Supreme Court of New York · 1907
- Kring v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Nugent v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
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