Bjorkegren v. Kirk
New York Supreme Court
Appeal by the defendant from a judgment of the City Court of the city of Hew York entered in favor of the plaintiff after a trial before the court and a jury, and also from an order denying defendant’s motion for a new trial.
1Opinion of the CourtErlanger, J.
This action was brought to recover a balance alleged to be due the plaintiff on a building contract, *561for extra work done on the building and for the services of a watchman. The contract was made between the plaintiff and one Stone, acting for the owner, the defendant herein. The contract was not made a part of the complaint, and there was nothing alleged therein from which it could be said that the contract provided for the production of an architect’s certificate as a prerequisite to the plaintiff’s right to receive payments due under the contract, nor did the complaint allege that such a…
2Cases cited7 opinions
- Dilleber v. . Home Life Insurance Co.New York Court of Appeals · 1877
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Smith v. . WetmoreNew York Court of Appeals · 1901
- Rutty v. Consolidated Fruit Jar Co.New York Supreme Court · 1889
- Sparling v. WellsAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by4 opinions
- Audley v. TownsendAppellate Division of the Supreme Court of the State of New York · 1908
- Bjorkegren v. KirkAppellate Terms of the Supreme Court of New York · 1907
- Bjorkegren v. KirkAppellate Terms of the Supreme Court of New York · 1907
- Glasscock v. Lotus Theatre Co.Appellate Terms of the Supreme Court of New York · 1913