Lauer v. Dunn
New York Supreme Court
Appeal from Monroe county court. Action by Amelia E. Lauev and Henry Hauck against Bernard Dunn. At the trial judgment was ordered for the plaintiffs for the sum of $714.70. Thereupon the defendant moved, upon the judge’s minutes, for a new trial, which was granted, and the verdict set aside and a nonsuit ordered. The appeal brings up this order.
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Appeal from Monroe county court. Action by Amelia E. Lauev and Henry Hauck against Bernard Dunn. At the trial judgment was ordered for the plaintiffs for the sum of $714.70. Thereupon the defendant moved, upon the judge’s minutes, for a new trial, which was granted, and the verdict set aside and a nonsuit ordered. The appeal brings up this order. William Hería and the defendant entered into an agreement in writing, whereby Hería, as builder, agreed to erect, construct, and complete a dwelling-house for the defendant at the price of $11,'565, 80 per cent, to be paid in installments, on the…
1Opinion of the CourtBarker, P. J.
The real question in this case is, was the action prematurely commenced? That the defendant was indebted to the plaintiffs in the sum of $700, the amount mentioned in the order, was established by the undisputed facts of the case. The contract for building the defendant’s house was completed by the contractor on the 18th day of April, 1888, and there was then a balance of $750 unpaid thereon, as the defendant admits, which by the terms thereof became due at the expiration of 30 days after the completion of the building. This action was not commenced until after such balance became due and…
2Cases cited3 opinions
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Brill v. . TuttleNew York Court of Appeals · 1880
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
3Cited by2 opinions
- Hirshfield v. LudwigNew York Supreme Court · 1893
- People v. Flour City Life Ass'nNew York Supreme Court · 1895