Hyperlawhypertext legal database Duffy v. Archer 22 N.Y.S. 1135

← Cases

Duffy v. Archer

22 N.Y.S. 1135 Court N.Y. City Ct. Decision date 1892-12-22 English

Delivered by NEWBURGER, J.

Contents

Majority

p. 1135
(1 Misc. Rep. 513.)
DUFFY, Respondent, v. ARCHER et al., Appellants.
(City Court of New York, General Term.
December 22, 1892.)

Headnote

Appeal from trial term.
Action by Philip Duffy against Joseph Archer and another to recover a balance due on a contract. There was a judgment in plaintiff's favor, and defendants appeal. Affirmed.
Argued before EHRLICH, C. J., and FITZSIMONS and NEWBURGER, JJ.
Thornton, Earl & Kiendls, for appellants.
Charles De Hart Brower, for respondent.

This action was brought to recover a balance due upon a contract to excavate rock upon certain premises in this city. The answer admitted the contract, but denied that the plaintiff had excavated the number of yards claimed in the complaint. A careful examination of the appeal book fails to disclose any error on the part of the trial justice in the admission or exclusion of tcstimonjr, and, as there are no questions raised by the learned counsel for the appellants, the judgment must be affirmed, with costs.