Taft v. . Little
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in refusing permission to the defendant to read on his own behalf portions of his testimony given on the former reference explanatory of the part which the plaintiff had read. (1 Greenl. on Ev. [Redf. ed.] § 201 ; Grattan v. M. L. I. Co., 92 N. Y. 274 ; Downs v. N. Y. C. R. R. Co.,…
1Opinion of the CourtWerner, J.
The plaintiff, as asignee in bankruptcy of one George Biker, recovered a judgment against the defendant, individually and as executor of his mother’s estate, for labor and materials furnished by Biker for the alteration of a building then owned by the defendant and his mother, and situate at the corner of Fourth avenue and Seventeenth street in the city of Hew York.
The principal question litigated upon the trial was whether the labor and materials referred to were furnished by Biker upon the direct and independent request of the defendant, or whether the former was purely the sub-contractor…
2Cases cited5 opinions
- Young v. . ValentineNew York Court of Appeals · 1904
- Beals v. GuernseyNew York Supreme Court · 1811
- White v. KiblingNew York Supreme Court · 1814
- In Re the Judicial Settlement of the Accounts of ChamberlainNew York Court of Appeals · 1893
- Collyer v. CollinsNew York Supreme Court · 1864
3Cited by10 opinions
- Neff v. NeffSupreme Court of Connecticut · 1921
- Smith v. MaineNew York Supreme Court · 1932
- Sirico v. CottoCivil Court of the City of New York · 1971
- In re the William M. Kline Revocable TrustNew York Surrogate's Court · 2003
- People v. SpanoAppellate Division of the Supreme Court of the State of New York · 1977
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