E. E. Paul Co. v. Athens Hotel Co.

Appellate Division of the Supreme Court of New York

E. E. Paul Co. v. Athens Hotel Co.

160 A.D. 873, 144 N.Y.S. 1115

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

DecidedDecember 15, 1913

StatusPublished

This text of 160 A.D. 873 (E. E. Paul Co. v. Athens Hotel Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

E. E. Paul Co. v. Athens Hotel Co., 160 A.D. 873, 144 N.Y.S. 1115 (N.Y. Ct. App. 1913).

Pincite

Opinion

Per Curiam:

Upon the plaintiff’s appeal it appears that two items for extra work duly ordered in writing, properly certified to, and the reasonable value thereof competently proved without contradiction, should have been allowed by the learned trial court: First, for the moving of brick chimney under the special order of September 28, 1910, amounting to $239.25; and the other, reinstalling the one-inch conduit under special order of April 5, 1911, amounting to $18.78; the two items together being $258.03. We find no other errors upon these appeals. The judgment should, therefore, be modified by the allowance of said sums, with interest from the interest date fixed by the judgment, and as so modified affirmed, with costs to the plaintiff. Appropriate findings to be submitted on the settlement of the order. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Judgment modified as directed in opinion, and as so modified affirmed, with costs to plaintiff. Order to be settled on notice.

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Per Curiam:

Upon the plaintiff’s appeal it appears that two items for extra work duly ordered in writing, properly certified to, and the reasonable value thereof competently proved without contradiction, should have been allowed by the learned trial court: First, for the moving of brick chimney under the special order of September 28, 1910, amounting to $239.25; and the other, reinstalling the one-inch conduit under special order of April 5, 1911, amounting to $18.78; the two items together being $258.03. We find no other errors upon these appeals. The judgment should, therefore, be modified by the allowance of said sums, with interest from the interest date fixed by the judgment, and as so modified affirmed, with costs to the plaintiff. Appropriate findings to be submitted on the settlement of the order. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ. Judgment modified as directed in opinion, and as so modified affirmed, with costs to plaintiff. Order to be settled on notice.

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Bluebook (online)

160 A.D. 873, 144 N.Y.S. 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e-e-paul-co-v-athens-hotel-co-nyappdiv-1913.