Legal Opinion

Hospital Supply Co. v. O'Neill

New York Court of Common Pleas

Decided January 7, 1895PublishedCited by 6 opinions

Appeal from trial term. Action by the Hospital Supply Company against John O’Neill. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtPryor, J.

The action is for the purchase price of a laundry plant, manufactured and" sold to the defendant under an agreement which stipulated: “All to be erected in a first-class, workmanlike manner, and the acceptance of the plant to be subject to the entire approval of George Keister, architect, and Mr. O’Neill, proprietor.” The defense is that the work was neither in conformity to the contract nor approved by O’Neill. The evidence on the trial was addressed to this point.

The court denied an application for direction of a verdict in favor of the plaintiff, as well as a motion for a nonsuit, and upon…

2Cases cited11 opinions

  1. Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
  2. Bagley v. . BoweNew York Court of Appeals · 1887
  3. Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
  4. Doll v. . NobleNew York Court of Appeals · 1889
  5. Morss v. SherrillNew York Supreme Court · 1871

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3Cited by6 opinions

  1. Rapant v. OgsburyAppellate Division of the Supreme Court of the State of New York · 1952
  2. Franklin Coal Co. v. HicksAppellate Division of the Supreme Court of the State of New York · 1899
  3. Rippe v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1898
  4. McStay v. Erie RailroadNew York Supreme Court · 1917
  5. Devonshire v. Stubbs, New York County Courts1930

1 more not listed; retrieve them via the Exa API.

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