Bush Co. v. Gibbons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Agnes Gibbons, as administratrix, etc., of Mary Gibbons, deceased, and others, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Kings on the 7th day of October, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, directing the distribution of a certain fund brought into the custody of the court.
1Opinion of the Court
Woodward, 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 Bichard Gibbons, his son, one of the defendants in this action. The buildings were completed about July 2, 1896, and shortly thereafter Michael Gibbons and Bichard 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…
2Cases cited4 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
3Cited by3 opinions
- Gibbons v. Bush Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Secor v. Tradesmen's National BankAppellate Division of the Supreme Court of the State of New York · 1911
- La Montagne v. Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1904