Legal Opinion

McAveney v. Pasquini

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 1 opinion

Appeal by the defendants, Attilio Pasquini and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 6th day of January, 1897, upon the report of a referee.

1Opinion of the Court

Goodrich, P. J.:

The plaintiff sues to recover for work done and materials furnished in the construction and erection of the armory of the Twenty-third Begiment, in the city of Brooklyn. The defendants had a contract with the State to do certain work in excavating for the armory, at the price of $11,000, and they made a, sub-contract with the plaintiff to do the same work for $9,000. The complaint alleged the making of an oral contract between the parties to the action on July 27, 1891, which was reduced to writing, dated September 11, 1891, with certain subsequent oral modifications, by all…

2Cases cited4 opinions

  1. United States v. BehanSupreme Court of the United States · 1884
  2. Simmons v. Ocean CausewayAppellate Division of the Supreme Court of the State of New York · 1897
  3. Wyckoff v. TaylorAppellate Division of the Supreme Court of the State of New York · 1897
  4. Ringle v. Wallis Iron WorksNew York Supreme Court · 1895

3Cited by1 opinion

  1. In re the Estate of MontgomeryNew York Surrogate's Court · 1936

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