Stuart v. Binsse
The Superior Court of New York City
This was an appeal by the defendants from a judgment entered on the report of John M. Barbour, Esq., as Eeferee, in favor of the plaintiff. This action was brought against John Binsse and Louisa La Farge, executor and executrix of the will of John La Farge, deceased, to recover for plumbing work done by the plaintiff for the" deceased in and upon an extensive building, to be used as a hotel, in the City of Hew York, while in the course of construction.
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This was an appeal by the defendants from a judgment entered on the report of John M. Barbour, Esq., as Eeferee, in favor of the plaintiff. This action was brought against John Binsse and Louisa La Farge, executor and executrix of the will of John La Farge, deceased, to recover for plumbing work done by the plaintiff for the" deceased in and upon an extensive building, to be used as a hotel, in the City of Hew York, while in the course of construction. The building was déstroyed by fire just as it was completed. The issues in the case were tried before a Eeferee. Upon a former trial nine…
1Opinion of the Court
It was proved that the architect who drew the original plans for the building in question, and under whose superintendence it was erected, made the plans received in evidence from some of such original plans, and copies of others, and his own recollections. Being examined as a witness, he was asked to look at each plan separately, and state if it correctly represented the compartments on each floor; to the admission of which questions a general objection and exception was taken. He was also asked, in reference to each floor separately, to state what the plumber’s work done on it by the…
2Cases cited7 opinions
- Lush v. DruseNew York Supreme Court · 1830
- Budlong v. Van NostrandNew York Supreme Court · 1857
- Strickler v. ToddSupreme Court of Pennsylvania · 1823
- Cheeney v. ArnoldNew York Supreme Court · 1854
- Van Rensselaer v. JonesNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Howell v. BennettNew York Supreme Court · 1893