Turner v. Martin
The Superior Court of New York City
Appeal from a judgment entered upon the report of a referee. This action was brought to recover the value of a quantity of brown stone dressed for, and furnished by, the plaintiffs to the defendant.
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Appeal from a judgment entered upon the report of a referee. This action was brought to recover the value of a quantity of brown stone dressed for, and furnished by, the plaintiffs to the defendant. The complaint alleges “ that during the year 1856, and during the month of January, 1857, the plaintiffs dressed for, and finished and delivered to the defendant a quantity of brown stone, for the front of certain houses, then being built by him; and that said stone was of the price and value, and was reasonably worth, the sum of $1384.44. That said sum being due and payable on the first day of…
1Opinion of the Court
By the Court,
Monell, J.
There was no finding by the referee upon the issue of the statute of limitations. His general findings, however, against the defendant upon all the issues, by implication, disposes of that question. If the facts are as found by the referee in his first and third findings, he decided correctly in overruling the statutory bar.
*663The action is to recover the “ reasonable worth ” of a quantity of brown stone furnished to the defendant. Eo special agreement is set forth, containing any terms of a contract between the parties. Ho written or express contract was proved, on the…
2Cases cited2 opinions
- Winchell v. . HicksNew York Court of Appeals · 1859
- Peck v. New York & Liverpool United States Mail Steamship Co.The Superior Court of New York City · 1859
3Cited by2 opinions
- Ennis v. Pullman Palace Car Co.Illinois Supreme Court · 1896
- King Iron Bridge & Manuf'g Co. v. County of OtoeUnited States Circuit Court · 1886