Bradley v. . McDonald
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 30, 1913, 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. It was reversible error to receive the plaintiff’s account books, the monthly statements and the daily report slips based thereon, as proof of the amount or cost of the work.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 30, 1913, 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. It was reversible error to receive the plaintiff’s account books, the monthly statements and the daily report slips based thereon, as proof of the amount or cost of the work. (Vosburgh v. Thayer, 12 Johns. 461; Dooley v. Moan, 57 Hun, 535; Griesheimer v. Tanenbaum, 124 N. Y. 650; Smith v. Rentz, 131…
1Opinion of the CourtHogan, J.
This action was commenced in August, 1906, against John B. McDonald and Rapid Transit Sub way Construction Company, hereinafter designated as “ Construction Company,” to recover a balance alleged to be due plaintiff for work performed and materials furnished for the construction of subsection six of the New York subway, also for extra work performed and materials supplied and for additional work performed and materials supplied in connection with said work.
March 17th, 1911, during the progress of the trial and before the defendant’s case was opened, John B. McDonald died. April 8th, 1911,…
2Cases cited14 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
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3Cited by26 opinions
- Rediker v. RedikerCalifornia Supreme Court · 1950
- Broadway & Ninety-Sixth Street Realty Co. v. Loew's Inc.District Court, S.D. New York · 1958
- Goodloe v. HawkCourt of Appeals for the D.C. Circuit · 1940
- Denney v. Spot Martin, Inc.Missouri Court of Appeals · 1959
- Union Bank & Trust Co. v. GordonCalifornia Court of Appeal · 1953
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