Meserole v. Zimmerman

Appellate Terms of the Supreme Court of New York

Meserole v. Zimmerman

48 Misc. 636, 96 N.Y.S. 135

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 1, 1905

StatusPublished

This text of 48 Misc. 636 (Meserole v. Zimmerman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Meserole v. Zimmerman, 48 Misc. 636, 96 N.Y.S. 135 (N.Y. Ct. App. 1905).

Pincite

Opinion

Peb Cubiam.

In this action by plaintiff, as a material-man, against the defendant, as a contractor, to recover moneys due a subcontractor, consideration for the order upon which the action was based was shown by evidence of materials furnished by the plaintiff to the houses, in. the construction of which the defendant was engaged as contractor; thus distinguishing this from the case of Shaw v. Tonns, 20. App. Div. 39. Otherwise, there was only a question of fact to be determined; and the judgment entered upon its determination by the jury, upon a charge calling for no criticism by this court, may stand.

Present: Scott, Gildebslebve and MacLean, JJ.

Judgment affirmed, with costs.

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Peb Cubiam.

In this action by plaintiff, as a material-man, against the defendant, as a contractor, to recover moneys due a subcontractor, consideration for the order upon which the action was based was shown by evidence of materials furnished by the plaintiff to the houses, in. the construction of which the defendant was engaged as contractor; thus distinguishing this from the case of Shaw v. Tonns, 20. App. Div. 39. Otherwise, there was only a question of fact to be determined; and the judgment entered upon its determination by the jury, upon a charge calling for no criticism by this court, may stand.

Present: Scott, Gildebslebve and MacLean, JJ.

Judgment affirmed, with costs.

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Bluebook (online)

48 Misc. 636, 96 N.Y.S. 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meserole-v-zimmerman-nyappterm-1905.