Wyckoff v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Catharine Taylor, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of the said court on the 26th day of July, 1895, upon the report of a referee.
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Appeal by the defendant, Catharine Taylor, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the plaintiff, entered in the office of the clerk of the said court on the 26th day of July, 1895, upon the report of a referee. The original plaintiff, Emily F. Wyckoff, brought this action as assignee of John J. Kierst'and William F. Morgan, to recover for work done and material furnished to the defendant upon land owned by her in the city of ISTew York. The referee awarded $6J0.95 upon the Kierst claim, and $300 upon the Morgan claim. The complaint…
1Opinion of the Court
Barrett, J.:
There can be no doubt from the complaint — and the position was ' emphasized by an admission of plaintiff’s counsel during the exami*243nation of the witness Schildwachter—-that the action was to recover upon a quantum meruit for the reasonable value of the work and material furnished by Kierst, not for damages for breach of contract. But the proof did not conform to the pleading and admission. No detailed evidence was. given of the- work and material, and its value. Kierst simply testified, generally, to fulfillment of the contract on his part. The plaintiff thus made out a prima…
2Cases cited2 opinions
- Gumb v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by13 opinions
- Simmons v. Ocean CausewayAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of MontgomeryNew York Surrogate's Court · 1936
- Volkmar v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1899
- General Supply & Construction Co. v. GoeletAppellate Division of the Supreme Court of the State of New York · 1912
- Owen v. GilesCourt of Appeals for the Eighth Circuit · 1907
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