Colwell v. . Lawrence
New York Court of Appeals
This was an action brought by the assignee of an insolvent firm to recover money for work done by the assignors for the Defendants, under a contract to build and complete two steam engines, on a boat of the Defendants, and extras connected therewith, and for other work done of the same character, for which the Plaintiff claimed a balance of $3,347.37. The Defendants set up a counterclaim of various items.
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This was an action brought by the assignee of an insolvent firm to recover money for work done by the assignors for the Defendants, under a contract to build and complete two steam engines, on a boat of the Defendants, and extras connected therewith, and for other work done of the same character, for which the Plaintiff claimed a balance of $3,347.37. The Defendants set up a counterclaim of various items. The case was referred, and the referee reported in favor of the Plaintiff for $1,255.40, for which amount judgment was entered. The facts, so far as material, and the exceptions taken, are…
1Opinion of the Court
It is insisted, that the referee erred in not awarding damages to the defendants by way of recoupment or set-off to the plaintiff's demand for the negligent and unskillful construction of the engines built, and in failing to make a decision upon the issue joined in reference to said damages.
The referee has made no special finding as to this claim, nor was there any request to make any such finding; but he has allowed an offset of $781.68 to the defendants. It does not appear of what items this amount is composed. Nor is it very material, in my opinion, as the evidence as to the amount of the…
2Cases cited6 opinions
- Smith v. GugertyNew York Supreme Court · 1848
- Clement v. . CashNew York Court of Appeals · 1860
- Hoag v. McGinnisNew York Supreme Court · 1839
- Spear v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
- Curtis v. . GanoNew York Court of Appeals · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- McCann v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1896
- Scribner v. LevyNew York Supreme Court · 1889
10 more not listed; retrieve them via the Exa API.