Burke v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph F. Baker and others, from portions of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 4th day of May, 1904, as resettled and amended by an order entered in said clerk’s office on the 19th day of August, 1904, upon the decision of the court rendered after a trial at the Queens County Special Term.
1Opinion of the Court
Per Curiam :
The learned^ Special Term at'first blush thought that the plaintiff’s testator did not perform his contract, and so ordered-.a reference to determine what deduction should be made from the stipulated compensation, because another had presented the case in this court. On reargument the court wrote that it had been in error, and a more careful reading of the testimony had convinced it that the testator had fully performed his contract before his death.
The issue Rendered by the pleadings and adhered to very near the close of the plaintiff’s case, was that the written agreement for…
2Cases cited6 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Lowery v. . ErskineNew York Court of Appeals · 1889
- Leland v. . CameronNew York Court of Appeals · 1865
- Boyd v. DailyAppellate Division of the Supreme Court of the State of New York · 1903
- Ditmas v. McKaneAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ransom v. RansomNew York Supreme Court · 1910
- Coffey v. BurkeAppellate Division of the Supreme Court of the State of New York · 1909
- Rodgers v. Sound of Music Co.New York Supreme Court · 1972