Dorwin v. Westbrook
New York Supreme Court
Appeal from circuit court, Tioga county. Action by William E. Dorwin and another against John B. West-brook on a contract. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
1Opinion of the CourtMerwin, J.
After the decision of this case on a former appeal (71 Hun, 405, 24 N. Y. Supp. 955), the complaint was amended by adding allegations that the final estimates of the chief engineer Roberts were inaccurate and false to'his knowledge, and so made for the purpose of cheating and defrauding the plaintiffs, and that the defendant refused to appear with plaintiffs before the engineer for the purpose of obtaining correction of the same. The main issues litigated at the trial now under review were whether the action of the engineer was in bad faith and fraudulent, and whether the release of 8th…
2Cases cited5 opinions
- Sweet v. . MorrisonNew York Court of Appeals · 1889
- Doll v. . NobleNew York Court of Appeals · 1889
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
- Perkins v. . GilesNew York Court of Appeals · 1872
- Dorwin v. WestbrookNew York Supreme Court · 1893
3Cited by2 opinions
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896
- Dorwin v. WestbrookAppellate Division of the Supreme Court of the State of New York · 1896