Legal Opinion
American Luxfer Prism Co. v. Bartolicius Star Iron Works, Inc.
Appellate Terms of the Supreme Court of New York
Decided May 5, 1915Published
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the American Luxfer Prism Company against the Bartolicius Star Iron Works, Incorporated. Judgment for defendant, and plaintiff appeals. Reversed, and judgment directed for plaintiff for the amount demanded in the complaint.
1Opinion of the CourtCohalan, J.
Plaintiff, for work performed, sued the defendant subcontractor to recover the agreed price of $125. In payment of the ■claim in suit the defendant, well knowing that the Lithic Construction ■Company, the general contractor, was in no position to pay the claim, ■gave the plaintiff an order on it, which reads as follows:
“February 18, 1914.
“Lithic Construction Co., 103 Park Avenue, New York City—Gentlemen: We hereby authorize you to pay to the order of the American Luxfer Prism ■Company the sum of one hundred and twenty-flve dollars ($125), the same being for work done at No. 36 West Fortieth…
2Cases cited3 opinions
- Noel v. . MurrayNew York Court of Appeals · 1855
- Bradford v. . FoxNew York Court of Appeals · 1868
- Hoar v. CluteNew York Supreme Court · 1818