M. O'Neil Supply Co. v. Petroleum Heat & Power Co.

Appellate Division of the Supreme Court of New York

M. O'Neil Supply Co. v. Petroleum Heat & Power Co.

254 A.D. 833, 6 N.Y.S.2d 328, 1938 N.Y. App. Div. LEXIS 7835

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

DecidedJune 10, 1938

StatusPublished

This text of 254 A.D. 833 (M. O'Neil Supply Co. v. Petroleum Heat & Power 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

M. O'Neil Supply Co. v. Petroleum Heat & Power Co., 254 A.D. 833, 6 N.Y.S.2d 328, 1938 N.Y. App. Div. LEXIS 7835 (N.Y. Ct. App. 1938).

Pincite

Opinion

Paragraph 10 of the complaint is amended in accordance with stipulation made in open court that the work was completed by the defendant as the alleged agent of Thomas J. Charles, as set forth in the signed stipulation submitted by plaintiff, which is attached to the original record on appeal. The determination of this appeal is based upon the complaint as so amended. Judgment dismissing the first cause of action in the amended complaint and the order of October 15, 1937, upon which the judgment was entered, in so far as said order dismisses the first cause of action in the amended complaint, unanimously affirmed, with costs. Settle order on notice. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

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Paragraph 10 of the complaint is amended in accordance with stipulation made in open court that the work was completed by the defendant as the alleged agent of Thomas J. Charles, as set forth in the signed stipulation submitted by plaintiff, which is attached to the original record on appeal. The determination of this appeal is based upon the complaint as so amended. Judgment dismissing the first cause of action in the amended complaint and the order of October 15, 1937, upon which the judgment was entered, in so far as said order dismisses the first cause of action in the amended complaint, unanimously affirmed, with costs. Settle order on notice. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

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Bluebook (online)

254 A.D. 833, 6 N.Y.S.2d 328, 1938 N.Y. App. Div. LEXIS 7835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-oneil-supply-co-v-petroleum-heat-power-co-nyappdiv-1938.