Bush Co. v. Gibbons
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by the Bush Company, Limited, against Richard Gibbons and others, in the nature of a bill of interpleader. From a judgment in favor of defendant National City Bank and others, defendants Audley Clarke and others appeal. Affirmed.
1Opinion of the CourtWoodward, J.
In 1895 the plaintiff in this action entered into two contracts with M. Gibbons & Son by which the latter undertook to construct two warehouses for the former at an aggregate cost of $151,000. The firm of M. Gibbons & Son originally consisted of Michael Gibbons and Richard Gibbons, his son, one of the defendants in this action. The buildings were completed about July 2, 1896, and shortly thereafter Michael Gibbons and Richard Gibbons began an action against the plaintiff in this action to recover the sum of $56,000, the unpaid balance of the contract price for the erection of said buildings.…
2Cases cited5 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Russell v. . McCallNew York Court of Appeals · 1894
- Durant v. . PiersonNew York Court of Appeals · 1891
- Bell v. . HepworthNew York Court of Appeals · 1892
- Dodge v. . McKechnieNew York Court of Appeals · 1898
3Cited by1 opinion
- Mishkind-Feinberg Realty Co. v. RosenhaftAppellate Terms of the Supreme Court of New York · 1909