Collyer v. Collins
New York Supreme Court
Appeal from a judgment entered upon the report of a referee. This action was brought by George Collyer against George Collins, William G. Murray, Robert McLaughlan, James K. Thompson, Edward Soper, John Griffiths and John Lamb, survivors of William Woolsey, to recover $3,066.28, the amount of certain extra work which plaintiff claimed to have performed upon the schooner John Griffiths.
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Appeal from a judgment entered upon the report of a referee. This action was brought by George Collyer against George Collins, William G. Murray, Robert McLaughlan, James K. Thompson, Edward Soper, John Griffiths and John Lamb, survivors of William Woolsey, to recover $3,066.28, the amount of certain extra work which plaintiff claimed to have performed upon the schooner John Griffiths. The plaintiff had contracted to build, finish, and launch the schooner for $9,500. There were some specifications in the contract which are not deemed material on this appeal. The defendants had accepted the…
1Opinion of the Court
By the Court.—Sutherland, P. J.
I think the referee-erred in excluding the evidence offered by the defendants to show the pendency, when this action was commenced, of the action in this court by them on the Bew Jersey judgment against the defendant; and that in that action the defendant *473(the plaintiff in this action) had set up as a counter-claim the identical claim for which he brought this action.
It was not pretended or suggested that such prior action on the New Jersey judgment had been discontinued. And it appears from the referee’s opinion, that he excluded such evidence solely on the…
2Cases cited7 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- M'Allister v. ReabNew York Supreme Court · 1830
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Halsey v. CarterThe Superior Court of New York City · 1853
- Fabbricotti v. LaunitzThe Superior Court of New York City · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Merritt v. GouleyNew York Supreme Court · 1890
- Taft v. . LittleNew York Court of Appeals · 1904
- Bedard v. BonvilleWisconsin Supreme Court · 1883
- Banigan v. Woonsocket Rubber CompanySupreme Court of Rhode Island · 1899