Bouker Contracting Co. v. Neale
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Herbert H. Neale and another, from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Nassau on the 23d day of December, 1913, as amended by a subsequent order entered in said clerk’s office on the 5 th day of February, 1914, and from so much of the subsequent order as denies defendants’ motion for leave to renew the motion to vacate a judgment.
1Opinion of the Court
Stapleton, J.:
The order, as amended, denied the defendants’ motion to vacate a judgment.
On the 28th day of May, 1909, the Bouker Contracting Company, the respondent herein, began an action against defendants, appellants, by the service of a summons and verified complaint upon the defendant Hailey.
The complaint embraced two causes of action — one in contract for $330, and one in tort, arising out of the same transaction, for $100. The contract was in connection with the hiring of a scow; the cause of action in tort alleged careless, . negligent and improper use of the scow. ” The prayer was…
2Cases cited2 opinions
- Corn Exchange Bank of Chicago v. BlyeNew York Court of Appeals · 1890
- Cartier v. WilliamAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by12 opinions
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- Mead v. First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Fox v. McGrathCourt of Appeals for the Second Circuit · 1945
- Zielinski v. United StatesCourt of Appeals for the Second Circuit · 1941
- Geer, Du Bois & Co., Inc. v. O. M. Scott & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1966
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