Savage v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William L. Savage and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 21st day of October, 1899, upon the decision of the court, rendered after a trial at the-Erie Special Term, overruling the plaintiffs’ demurrer to the third answer contained in the defendant’s second supplemental answer.
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Appeal by the plaintiffs, William L. Savage and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 21st day of October, 1899, upon the decision of the court, rendered after a trial at the-Erie Special Term, overruling the plaintiffs’ demurrer to the third answer contained in the defendant’s second supplemental answer. The action was begun on the 28tli day of August, 1898, to recover $301.25, on account of a contract entered into between the plaintiffs and the defendant. The allegations of the…
1Opinion of the Court
McLennan, J.:
Does the decision of the court rendered in the action brought by Jones against the defendant and these plaintiffs, and the judgment entered thereon, constitute a bar or defense to the cause of action set forth in the complaint ?
It will be observed that this action is brought to recover a balance due upon a particular certificate made by the architects and delivered to the plaintiffs, which in effect certifies that at the time it was made sufficient work had been done and material furnished by the plaintiffs to entitle them to the amount thereof. There is no allegation in the…
2Cases cited2 opinions
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
- Ostrander v. . HartNew York Court of Appeals · 1892
3Cited by3 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Savage v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Hallett v. SigersonAppellate Terms of the Supreme Court of New York · 1915