Rickert-Finlay Realty Co. v. Illinois Surety Co.

Appellate Division of the Supreme Court of New York

Rickert-Finlay Realty Co. v. Illinois Surety Co.

157 A.D. 930, 142 N.Y.S. 1141

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

DecidedJune 15, 1913

StatusPublished

This text of 157 A.D. 930 (Rickert-Finlay Realty Co. v. Illinois Surety 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

Rickert-Finlay Realty Co. v. Illinois Surety Co., 157 A.D. 930, 142 N.Y.S. 1141 (N.Y. Ct. App. 1913).

Pincite

Opinion

Judgment reversed and new trial granted, costs to abide the event, on the ground that the testimony as to statements by Mr. Mackay, in view of the evidence of his authority as defendant’s manager, raised a question of waiver for the jury; also that defendant’s return of Mr. King’s itemized statement of the expense of completion, without objection to its form, coupled with a denial of liability, waived defendant’s right afterwards to demand a more formal certificate by the architect. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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Judgment reversed and new trial granted, costs to abide the event, on the ground that the testimony as to statements by Mr. Mackay, in view of the evidence of his authority as defendant’s manager, raised a question of waiver for the jury; also that defendant’s return of Mr. King’s itemized statement of the expense of completion, without objection to its form, coupled with a denial of liability, waived defendant’s right afterwards to demand a more formal certificate by the architect. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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Bluebook (online)

157 A.D. 930, 142 N.Y.S. 1141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rickert-finlay-realty-co-v-illinois-surety-co-nyappdiv-1913.