Rubin v. Cohen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jacob Rubin and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of November, 1907, upon the dismissal, by direction of the court, of the first and second causes of action alleged in the complaint, at the close of the plaintiffs’ case, and upon the verdict of a jury on the third cause of action, and also from an order entered in said clerk’s office…
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Appeal by the plaintiffs, Jacob Rubin and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of November, 1907, upon the dismissal, by direction of the court, of the first and second causes of action alleged in the complaint, at the close of the plaintiffs’ case, and upon the verdict of a jury on the third cause of action, and also from an order entered in said clerk’s office on the 22d day of November, 1907, denying the plaintiffs’ motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is for work performed and materials furnished. The complaint sets forth three separate causes of action and in each count the work and materials are alleged to have been performed and furnished at defendant’s request “ of the fair and reasonable value and at agreed prices” aggregating, a specified sum. The answer admitted that the plaintiffs performed certain work for the defendant, but alleged that it was done in pursuance of two building contracts entered into in writing, copies of which were annexed to the answer, which plaintiffs failed to fully perform, for which…
2Cases cited9 opinions
- Matthews v. . MatthewsNew York Court of Appeals · 1897
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
- Fells v. VestvaliNew York Court of Appeals · 1865
- Hartley v. MurthaAppellate Division of the Supreme Court of the State of New York · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Noce v. KaufmanNew York Court of Appeals · 1957
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- In re the Estate of MontgomeryNew York Surrogate's Court · 1936
- Raile v. Peerless American Products Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Cook v. SaltzerIdaho Supreme Court · 1953
18 more not listed; retrieve them via the Exa API.