Wilds v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Percival Wilds, as trustee, 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 9th day of May, 1918, upon the verdict of a jury rendered by direction of the court, and also an appeal is taken from the order directing the verdict which was entered in said clerk’s office on the 6th day of May, 1918.
1Dissent
Sheabn, J. (dissenting):
The controversy arises out of the bankruptcy of the Midtown Contracting Company, of which the plaintiff is the trustee in bankruptcy. The petition was filed on August 15, 1916.
On October 13, 1914, the bankrupt made a contract with.. *475the defendant to construct a high school. In July, 1916, the bankrupt abandoned the work and the defendant duly notified the bankrupt pursuant to its contract to discontinue further work. On August 11, 1916, the defendant took possession of such building materials, plant and equipment belonging to the bankrupt as it found on the line of the…
2Cases cited5 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Stephens v. PerrineNew York Supreme Court · 1893