Appleton v. Marx
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Max Marx,, from'a. judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the - county of "Hew York on the 13th day óf ¡Novernber, 1905, upon the report of, a referee, and also from - an order entered in said Clerk’s office on the 10th day of ¡November,, 1905, granting the plaintiffs an extra allowance.
1Opinion of the Court
*207Judgment affirmed, with costs, on opinion of referee. Order filed.
Patterson, P.s J., McLaughlin, Houghton and Scott, JJ., concurred; Laughlin, J., dissented.
Per Curiam :
The judgment is affirmed on the opinion of the referee. All concur, except Laughlin, J., who dissents upon the grounds of error in allowing recovery for items not embraced in bill of particulars and for incompetent and insufficient proof of reasonable cost of making required repairs.
The following is the opinion of Hamilton Odell, Esq., referee. Odell, Referee:
It is admitted by the defendant'that he lias failed to pay" to the…
2Cases cited1 opinion
- Lehmaier v. JonesAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by7 opinions
- Bushwick Realty Co. v. Sanitary Fire Proofing & Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1916
- Civic Realty Co. v. New York Telephone Co.New York Supreme Court · 1959
- 93 Prince Street Corp. v. WolfNew York Supreme Court · 1957
- City of New York v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1969
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