Lundine v. Callaghan
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, pitarles A. Lundine, and by the defendant, Alexander J. A. Callaghan, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn in favor of the plaintiff, entered on the 6th day of February, 1903,
1Opinion of the Court
Woodward, J.:
The trial court found that the plaintiff was entitled to recover from the defendant the full amount claimed by him for work done and materials furnished, less a part of the amount for which the defendant, by counterclaim, demanded judgment against the plaintiff. From the judgment entered on this decision both parties appeal to this court. At the close of the plaintiff’s case, and again at the. close of the whole case, the defendant moved for a dismissal of the complaint on the ground of variance between the allegations of the complaint and the proof, and also on the ground of…
2Cases cited3 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Haupt v. AmesAppellate Division of the Supreme Court of the State of New York · 1898
- Hanlon v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1894
3Cited by2 opinions
- Allen v. Sinning, Court of Common Pleas of Ohio, Hamilton County1909
- Weiss v. RosenbaumAppellate Terms of the Supreme Court of New York · 1909