Ryan v. Pistone
New York Supreme Court
Appeal from circuit court, Westchester county. Action by James H. Ryan and another against Frances Pistone. From a judgment entered on a verdict in favor of plaintiffs, and from an order denying a motion for a new trial, defendant appeals. Reversed. For decision granting reargument, see 32 N. Y. Supp. 1149.
1Opinion of the CourtBrown, P. J.
The exception taken to the denial of the motion to dismiss the complaint must be sustained. It appears that one Ce*82burre entered into a contract with the defendant to erect a house. Ceburre sublet the roofing and plumbing to the plaintiffs, and there was a balance unpaid for their work. The plaintiff Eyan testified to a conversation with the defendant, in which defendant orally agreed to pay the plaintiffs’ bill, and deduct it from the amount due to Ceburre. It does not appear that Ceburre consented to this arrangement, or was consulted about it. The testimony was that he was present at the…
2Cases cited2 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Kelly v. . RobertsNew York Court of Appeals · 1869
3Cited by11 opinions
- Izzo v. LudingtonAppellate Division of the Supreme Court of the State of New York · 1903
- Inman v. F. N. Burt Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Forbes v. ReynardNew York Supreme Court · 1905
- Shiflet v. MarleyArizona Supreme Court · 1941
- Smith v. Morin Bros.Appellate Division of the Supreme Court of the State of New York · 1931
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