Richardson Press v. Vandergrift
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Richardson Press, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of April, 1914, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial before the court and a jury.
1Opinion of the Court
Hotchkiss, J.:
The complaint alleges that between October 6, 1911, and October 8, 1912, plaintiff furnished materials and performed work of the value of upwards of $9,900, of which upwards of $6,000 has been paid on account, and that the balance, $3,876.14, remains due; that part of the materials and labor were originally ordered by the Oceanic Publishing Company in connection with a publication called “ Dogs in America; ” that before the materials were furnished and the services rendered “for the said balance remaining unpaid, * * * the plaintiff duly declined to furnish, perform and render…
2Cases cited2 opinions
- A. Schwoerer & Sons, Inc. v. StoneAppellate Division of the Supreme Court of the State of New York · 1909
- Schwoerer Sons, Incorporated v. . StoneNew York Court of Appeals · 1911
3Cited by4 opinions
- People v. StaigersCalifornia Court of Appeal · 1928
- R & L. Co. v. MetzAppellate Division of the Supreme Court of the State of New York · 1914
- Alber-Wickes Platform Service v. Freiburg Passion Play in English, Inc.New York Supreme Court · 1931
- Helms v. Pacific Mill Timber Co.California Court of Appeal · 1922