St. John's College v. Ætna Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The /Etna Indemnity Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of October, 1908, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 2d day of November, 1908, denying the defendant’s motion for a new trial made, upon the minutes. . ■
1Opinion of the Court
Scott, J.:
Defendant appeals from a judgment for plaintiff entered upon a verdict, and from an order denying- a new trial.
The plaintiff made a contract with the firm of -John Maher & Son to furnish the labor and material necessary for the erection. of and to erect a building at the agreed pi'ice of $99,250. The contract provided that the price should be paid in installments of eighty per cent of each $10,000 worth of work done, the last payment to be-made thirty days after the full completion and acceptance of the building. It was further provided that in each case of payment a certificate…
2Cases cited1 opinion
- Smith v. . MollesonNew York Court of Appeals · 1896
3Cited by4 opinions
- Young Men's Christian Ass'n v. RitterSupreme Court of Kansas · 1913
- British American Tobacco Co. v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Poses v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1935
- Yanul v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1962