Gherky v. State Line Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the State Line Telephone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of February, 1907, upon the report of a referee.
1Opinion of the Court
Rich, J.:
This' is an appeal from a judgment entéred upon the report of a referee. The action was brought to recover a balance alleged to be due on a contract for the building of a conduit system by plaintiff for defendant in the village of Peekskill. Included in the items which the plaintiff sought to recover was $696.94 for extra work in taking up and relaying a brick pavement. Defendant denied any liability, and alleged an offset of $808.45 for brick furnished plaintiff in relaying such pavement. As the conclusion we have reached, rests upon these items and the evidence given in connection…
2Cases cited3 opinions
- The People v. . GonzalezNew York Court of Appeals · 1866
- Mowbray v. GouldAppellate Division of the Supreme Court of the State of New York · 1903
- Havens v. GilmourAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Walleston v. FahnestockAppellate Terms of the Supreme Court of New York · 1909