St. John v. Potter
New York Court of Common Pleas
Appeal from city court, general term. Action by Mary A. St. John against Henry A. Potter to recover for services rendered and materials furnished. Prom a judgment of the general term of the city court, affirming a judgment for plaintiff on the report of a referee, defendant appeals.
1Opinion of the CourtBischoff, J.
The action was brought to recover for work, labor, and services rendered and materials furnished for and at the request of the defendant in the removal and rebuilding of the foundation intended for the mausoleum to be erected for him at Rosedale Cemetery, Orange, N. J. The defense was that such services were performed and' the materials furnished under a written contract, pursuant to the terms of which payment was only to be made upon production of the architect’s certificate of approval, which had been omitted. The evidence taken upon the trial is not returned to us, and we are therefore to…
2Cases cited5 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- Carman v. . PultzNew York Court of Appeals · 1860
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- Briant v. . TrimmerNew York Court of Appeals · 1871
- Travis v. . TravisNew York Court of Appeals · 1890
3Cited by3 opinions
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
- Wagener v. ButlerNew York Court of Common Pleas · 1894
- Mullen v. CohenCity of New York Municipal Court · 1901