Molloy v. . Village of Briarcliff Manor
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 5, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in allowing the plaintiff to amend the complaint. (Dennison v. Musgrave, 26 Misc. Rep. 871; Barnes v. Seligman, 55 Hun, 339; Beard v. Tilghman, 66 Hun,12; Rutty v. Consol.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 5, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in allowing the plaintiff to amend the complaint. (Dennison v. Musgrave, 26 Misc. Rep. 871; Barnes v. Seligman, 55 Hun, 339; Beard v. Tilghman, 66 Hun,12; Rutty v. Consol. Fruit Jar Co., 52 Hun, 492; Ward v. Bronson, 126 App. Div. 421; Charlton v. Rose, 24 App. Div. 485.) Evidence that the…
1Opinion of the CourtHiscock, J.
This action was brought to recover a balance alleged to he due on a contract entered into by the plaintiff with the defendant for laying pavements, building bridges and performing other work. This balance consisted largely of amounts claimed to be due for extra or additional work, and without discussing the details of the claim and of the recovery which plaintiff secured it is sufficient to say that we see no reason for reversing the judgment unless one or both of the rulings made by the trial judge upon two questions were erroneous, and we shall confine our consideration to them.
We shall…
2Cases cited14 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Harris v. . WhiteNew York Court of Appeals · 1880
- Weaver v. . BardenNew York Court of Appeals · 1872
- Rowell v. . JanvrinNew York Court of Appeals · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Branower & Son, Inc. v. WaldesAppellate Division of the Supreme Court of the State of New York · 1916
- Coughlin v. JonesCity of New York Municipal Court · 1937
- Stokes Brothers, Inc. v. DrefsAppellate Division of the Supreme Court of the State of New York · 1935
- David v. City National Securities Co.Appellate Division of the Supreme Court of the State of New York · 1916
- New York Lubricating Oil Co. v. C. E. Mills Oil Co.Appellate Division of the Supreme Court of the State of New York · 1916
4 more not listed; retrieve them via the Exa API.