New Jersey Steel & Iron Co. v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Hew Jersey Steel and Iron Company, from an interlocutory judgment of the Supreme Court in favor of the defendant Andrew J. Robinson, entered in the office of the clerk of the county of Hew York on the 10th day of January, 1901, upon the decision of the court rendered after a trial at the Hew York Special Term overruling the plaintiff’s demurrer to the amended answer of the defendant Andrew J. Robinson.
1Opinion of the Court
McLaughlin, J.:
On the 5th of June, 1899, the defendant Robinson entered into an agreement with the defendant Kinney to furnish certain materials and perform certain work in the construction of a building on the latter’s land, who, in consideration thereof, agreed to pay the actual cost of the materials and labor and five per centum in addition thereto. The plaintiff, according to the allegations of the complaint, at the request of Robinson, and with' the consent of Kinney, performed labor and furnished materials to the value of $36,315.66, to secure the payment of which the plaintiff filed a…
2Cases cited1 opinion
- Hollingsworth v. Spectator Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by3 opinions
- Streeter v. CloudAppellate Division of the Supreme Court of the State of New York · 1916
- Sullivan v. MurphyAppellate Terms of the Supreme Court of New York · 1909
- Whisten v. KelloggNew York Supreme Court · 1906