Gorham Co. v. United Engineering & Contracting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in allowing the plaintiff to prove the value of the work by the officers or estimates of contractors, who were not called as witnesses”. (Hine v. Manhattan Ry.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 10, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in allowing the plaintiff to prove the value of the work by the officers or estimates of contractors, who were not called as witnesses”. (Hine v. Manhattan Ry. Co., 132 N. Y. 477; Keller v. Paine, 34 Hun, 167; Sharp v. U. S., 191 U. S. 341; Young v. Atwood, 5 Hun, 234; Arata v. Sullivan, 63 N. J.…
1Opinion of the CourtHiscock, J.
At the times herein involved the respondent was the lessee of a building situate at the southwest corner of Fifth avenue and Thirty-third street, in the city of New York, which had first been used for hotel purposes and later had been re-built for business uses. The appellant was a contractor which had undertaken the construction of the Manhattan crosstown tunnel of the Pennsylvania, New York & Long Island Railroad Company, the route of which lay through Thirty-third street. Originally it seems to have been expected that this tunnel as it ran by respondent’s premises would be constructed by…
2Cases cited1 opinion
- Beglin v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1903
3Cited by7 opinions
- Bilkovic v. LoebAppellate Division of the Supreme Court of the State of New York · 1913
- Lazarowitz v. KazanCity of New York Municipal Court · 1924
- Van Iperen v. HaysSupreme Court of Iowa · 1935
- State Ex Rel. Havner v. Associated Packing Co.Supreme Court of Iowa · 1933
- Udell Savings Bank v. HollingsworthSupreme Court of Iowa · 1922
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