De Remer v. . Brown
New York Court of Appeals
Appeal from a judgment of the Supreme Court, entered in favor of plaintiff February "8, 1899, upon all order of the Appellate Division in the first judicial department, overruling defendants’ exceptions, ordered to be heard in the firs! instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff upon a verdict directed at a Trial Term.
Read the full summary
Appeal from a judgment of the Supreme Court, entered in favor of plaintiff February "8, 1899, upon all order of the Appellate Division in the first judicial department, overruling defendants’ exceptions, ordered to be heard in the firs! instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff upon a verdict directed at a Trial Term. In September, 1890, the defendants, lawyers and residents of the city of Hew York, went to Denver, where they met Edwin H. Kellogg, a civil engineer. During the previous year Kellogg had made a preliminary survey of…
1Opinion of the CourtMartin, J.
When the discussion of the various reasons assigned by the courts below for their action in this case is omitted, and our examination is confined to the only question before us, which is the correctness of the decision from which this appeal is taken, the case is a plain and simple one, and the questions involved are not difficult of solution. The agreement which is the basis of this action, and upon which the plaintiff has recovered, was between the plaintiff’s firm upon one hand, and the defendants’ firm upon the other. The former thereby agreed to perform and furnish certain work and…
2Cases cited9 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
- Kernochan v. . MurrayNew York Court of Appeals · 1888
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Welch v. GoodwinMassachusetts Supreme Judicial Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ell Dee Clothing Co. v. MarshNew York Court of Appeals · 1928
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Orient Mid-East Lines v. Albert E. Bowen, Inc.Court of Appeals for the Second Circuit · 1972
- Howell v. SmithSupreme Court of North Carolina · 1964
- Tew v. . WolfsohnNew York Court of Appeals · 1903
17 more not listed; retrieve them via the Exa API.