Van Dyke v. . Maguire
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. This action was brought to recover for services alleged to have been rendered by plaintiffs, as carpenters and builders, and for building materials furnished and delivered by them to the defendant, to the amount and value of $3,423.49, which, as they alleged, the defendant promised to pay, and had paid $2,800 ; leaving unpaid and due $623.49. Before the defendant answered the plaintiffs’ complaint, he demanded and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] No exception was taken to the report of the referee, or question made as to any ruling made by him on the trial, other than one founded upon his rejection of the defendant's offer to prove that the work and materials alleged in the plaintiffs' complaint to have been rendered and furnished by them for him had not been rendered or furnished. The defendant had, by his answer to the plaintiffs' complaint and bill of particulars before him, admitted in express terms…
2Cited by4 opinions
- Buddress v. SchaferWashington Supreme Court · 1895
- Berry v. RowleyAppellate Division of the Supreme Court of the State of New York · 1896
- Gates v. DundonNew York Court of Common Pleas · 1892
- James v. CowingNew York Supreme Court · 1879