Brady v. Hutkoff
The Superior Court of the City of New York and Buffalo
Appeal from judgment on report of referee. Action by James H. Brady against Nathan Hutkoff. The complaint was dismissed on the merits, and plaintiff appeals.
1Opinion of the CourtFreedman, J.
The principal question litigated upon the trial was whether the contract for the work upon which the plaintiff brought his action was made .by the defendant with James H. Brady, the plaintiff, or with James Brady, the father of the plaintiff. The referee, upon conflicting testimony, found that the contract was not made with the plaintiff, and that the plaintiff neither performed work nor furnished materials at defendant’s request. This finding is sufficiently sustained by evidence, and should not be disturbed, if this defense is available to the defendant. The plaintiff insists that under the…
2Cases cited9 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Paige v. . WilletNew York Court of Appeals · 1868
- Milbank v. . JonesNew York Court of Appeals · 1894
- Bruce v. . BurrNew York Court of Appeals · 1876
- Roemer v. . StrikerNew York Court of Appeals · 1894
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3Cited by5 opinions
- Harder v. Continental Printing & Playing Card Co.Appellate Terms of the Supreme Court of New York · 1909
- Roberts v. Homer P. Snyder Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Kelly v. TheissCity of New York Municipal Court · 1898
- Epstein v. HankinsonAppellate Terms of the Supreme Court of New York · 1903
- Wernekoff v. Lincoln Holding Co.Appellate Terms of the Supreme Court of New York · 1910