Hart v. American Concrete Steel Co.
District Court, E.D. New York
At Law. Action by Charles F. Hart against the American Concrete Steel Company.
1Opinion of the Court
GARVIN, District Judge.
Plaintiff made a contract with defendant, whereby plaintiff agreed, among other things, to excavate, pump, and backfill in connection with a building erected at Clifton, Staten Island, by Loúis De Jonge & Co. A jury was waived by the parties, and the case has gone to trial, on a somewhat complicated state of facts, with defendant practically admitting that an undetermined amount is due. The suit is therefore in the nature of an accounting. The complaint sets forth four causes of action, which will be considered in order.
By the first, plaintiff asserts the right to…
2Cases cited14 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Excelsior Terra Cotta Co. v. . HardeNew York Court of Appeals · 1905
- Norcross v. . WillsNew York Court of Appeals · 1910
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3Cited by4 opinions
- Spitcaufsky v. State Highway CommissionSupreme Court of Missouri · 1941
- Walter R. Cliffe Co. v. Du Pont Engineering Co.District Court, D. Delaware · 1924
- Griffin Mfg. Co. v. Boom Boiler & Welding Co.Court of Appeals for the Sixth Circuit · 1937
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1929