Gallagher v. . Nichols
New York Court of Appeals
Appeal from a judgment. It appeared that the defendant, William B. Nichols, had made a contract with one Lewis, for the erection of certain buildings upon land belonging to defendant, and which defendant agreed to convey to Lewis after the building should be completed, defendant meanwhile to make advances to Lewis in the manner provided for in the contract.
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Appeal from a judgment. It appeared that the defendant, William B. Nichols, had made a contract with one Lewis, for the erection of certain buildings upon land belonging to defendant, and which defendant agreed to convey to Lewis after the building should be completed, defendant meanwhile to make advances to Lewis in the manner provided for in the contract. Lewis contracted with Gosson and Monohon to excavate the cellars and build the cellar walls, and gave them an order at the foot of the contract, for the payment of the amount due upon the contract. This order was payable “ on the…
1Opinion of the Court
Millek, J. The
first question which demands consideration in this case, is as to the effect and nature of the acceptance of the order or draft drawn by Lewis upon the defendant. The draft was drawn in favor of Gosson and Monohon; who had agreed to perform a certain portion of the work which Lewis had entered into a contract with the defendant to perform in the erection of certain buildings upon the land of the defendant. The order was drawn at the end of the contract of Lewis with Gosson and Monohon, for the amount to be paid to them “on the completion of the above contract when approved by…
2Cases cited8 opinions
- Burtis v. . ThompsonNew York Court of Appeals · 1870
- Smith v. GugertyNew York Supreme Court · 1848
- Bolen v. . CrosbyNew York Court of Appeals · 1872
- Moat v. HolbeinNew York Court of Chancery · 1834
- Van Wagner v. TerrettNew York Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Dolan v. . RodgersNew York Court of Appeals · 1896
- LaRose v. Logansport National BankIndiana Supreme Court · 1885
- Dunn v. . SteubingNew York Court of Appeals · 1890
- Tracy v. O'NeillSupreme Court of Connecticut · 1925
25 more not listed; retrieve them via the Exa API.