Legal Opinion

Niblo v. Binsse

New York Court of Appeals

Decided December 15, 1864PublishedCited by 2 opinions

William Niblo, as assignee of Anthony E. Hitchings, sued John Binsse and Louisa La Large, executors of John La Large, in the supreme court, for services and materials under a contract with the defendants’ testator. The referee found the following facts.

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William Niblo, as assignee of Anthony E. Hitchings, sued John Binsse and Louisa La Large, executors of John La Large, in the supreme court, for services and materials under a contract with the defendants’ testator. The referee found the following facts. Hitchings agreed with the testator, by contract dated April 14, 1853, that Hitchings should, by October, 1853, furnish and set up in the La Large House and Metropolitan Hall, then building by testator in the city of New York, steam engines, púmps, and heating apparatus, &c., pipes and coils, under superintendence of an architect named, for…

1Opinion of the Court

By the Court.

T. A. Johhsoh, J.

It was held, both by

the referee and the supreme court at general term, that the plaintiff was not entitled to recover, merely because the work was not finished and the job completed at. the time the building, upon which the'work was being done, was destroyed by fire. To my mind, this is a very plain case in favor of the plaintiff. The decision, very properly, was not put upon the ground that the work was not completed within the time specified in the agreement, but upon the naked ground that the contractor, having failed to do all the work he had contracted to…

2Cases cited3 opinions

  1. Smith v. . BradyNew York Court of Appeals · 1858
  2. Tompkins v. . DudleyNew York Court of Appeals · 1862
  3. Jones v. . JuddNew York Court of Appeals · 1850

3Cited by2 opinions

  1. Cohen v. MoshkowitzAppellate Terms of the Supreme Court of New York · 1896
  2. Graber v. RubinCity of New York Municipal Court · 1920

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