Legal Opinion

Story v. . the New-York and Harlem Railroad Co.

New York Court of Appeals

Decided December 5, 1851PublishedCited by 23 opinions

* Appeal from the general term of the Supreme -* Court, in the first district, where, upon a writ of error to the Superior Court of the city of New York, a judgment entered in favor of the plaintiffs, upon a report of referees, had been affirmed in part, but reversed as to the residue, and a new trial ordered upon the latter portion of it.

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* Appeal from the general term of the Supreme -* Court, in the first district, where, upon a writ of error to the Superior Court of the city of New York, a judgment entered in favor of the plaintiffs, upon a report of referees, had been affirmed in part, but reversed as to the residue, and a new trial ordered upon the latter portion of it. (Reported below, 6 Barb. 419.) This was an action of covenant, brought by Story and others, in the superior court, against the New York and Harlem Railroad Company, upon a contract, under seal, for the construction of about twelve miles of the defendants’…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This action was brought by the respondents against the appellant, in the superior court of the city of New-York, to recover a balance due to them for work done on the railway of the appellant, under a contract, and for damages sustained by a breach of the contract.

The cause was referred to referees, and they reported a large sum due…

2Cited by23 opinions

  1. United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
  2. Manville v. Western Union Telegraph Co.Supreme Court of Iowa · 1873
  3. Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
  4. Altman v. . HofellerNew York Court of Appeals · 1897
  5. City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1903

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