M. McGirr Sons Co. v. Babbitt
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, third district, borough of Manhattan, rendered in favor of the plaintiff, after a trial had before the court without a jury.
1Opinion of the CourtGiegericii, J.
The action is to recover the price of a scow load of filling material consisting of ashes, which the plaintiff claimed to have delivered by scow upon the lands of the defendant at'Babbitt, H. J., in the course of the performance of a contract for filling in around its buildings, and for the value of certain work, done in grading such lands after they were filled in, and claimed to have been performed after and in addition to the grading called for by the contract, and for which the plaintiff claims the defendant promised and agreed to pay.
Both claims were disputed, the defendant asserting…
2Cases cited2 opinions
- The People v. . BuddensieckNew York Court of Appeals · 1886
- Nies v. BroadheadNew York Supreme Court · 1894
3Cited by2 opinions
- Hughes v. StateTennessee Supreme Court · 1912
- Bane v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916