Young v. Bushnell
The Superior Court of New York City
Exceptions ordered at the trial to be heard in the first instance at the General Term: This suit is brought by the plaintiffs as assignees of one William Pearson, to recover moneys alleged to be due from the defendant, for grading and paving done for him by Pearson.
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Exceptions ordered at the trial to be heard in the first instance at the General Term: This suit is brought by the plaintiffs as assignees of one William Pearson, to recover moneys alleged to be due from the defendant, for grading and paving done for him by Pearson. The paving contract, so called, is in writing and* not dated, but was made in the winter of 1854. By it, Pearson agreed to purchase of Bushnell three lots for $8,500; one-half of the price was to be paid in paving and for the other half he was to give his bond and mortgage. The contract for grading is in writing, and is dated…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The plaintiffs, as assignees of William Pearson, bring this action to recover moneys alleged to be due from the defendant to Pearson for grading and paving parts of certain streets in Brooklyn under two several contracts, one for grading and the other for paving.
The plaintiffs recovered a verdict for the-amount claimed under the paving contract, and only that, on a trial of the action had before Mr. Justice Hoffmau and a jury, on the 15th of December, 1857. The Judge, at the trial, directed the questions of law presented by the case to be first heard at the…
2Cases cited2 opinions
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- Petrie v. FeeterNew York Supreme Court · 1839
3Cited by2 opinions
- B., C. R. & M. R. v. StewartSupreme Court of Iowa · 1874
- Graham v. FitzgeraldNew York Court of Common Pleas · 1871