Coulter v. . Board of Education
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant, entered upon the report of a' referee. (Reported below, 4 Hun, 549.) This action was brought to recover damages alleged to have been sustained by plaintiff by reason of his having been prevented, from fully performing a contract made between him and the school officers of the eighth ward of the city of New York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant, entered upon the report of a' referee. (Reported below, 4 Hun, 549.) This action was brought to recover damages alleged to have been sustained by plaintiff by reason of his having been prevented, from fully performing a contract made between him and the school officers of the eighth ward of the city of New York. Plaintiff contracted to do the carpenter work required for a public school building in said ward, the work to be completed on or before November…
1Opinion of the Court
Church, Ch. J.
A material question is, whether the certificate, given by the plaintiff upon receiving the last payment, precludes him from recovering the damages claimed in the complaint. It is quite clear that the certificate alone, regarded as a release or receipt, would not have that effect. It does not in terms release such damages, and the general words employed would, within established principles, be limited to the items specified. (1 Edw. Ch., 34; 1 Cow., 122, and cases there cited.) But the certificate, taken in connection with the contract, presents a different question. The contract…
2Cases cited2 opinions
- Jackson v. StackhouseNew York Supreme Court · 1823
- McIntyre v. WilliamsonNew York Court of Chancery · 1831
3Cited by9 opinions
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Norcross v. . WillsNew York Court of Appeals · 1910
- Chicago, M. & St. P. Ry. Co. v. ClarkCourt of Appeals for the Second Circuit · 1899
- P. H. McLaughlin & Co. v. United StatesUnited States Court of Claims · 1902
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