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Fallkill Construction Company, Inc. v. Hudson

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1920
191 App. Div. 918 (N.Y. App. Div. 1920)

Opinion

March, 1920.

Present — Jenks, P.J., Mills, Putnam, Blackmar and Kelly, JJ.


The affirmative testimony of Stow, that plaintiff lent the 420 feet of cable for use by this digger while engaged on this contract, is not denied by Day, the engineer, although he gives an account of the transaction somewhat different. Therefore, we cannot reject the court's finding of fact that the cable was so furnished to be afterwards left on the dock at the end of the work. It is admitted that instead of being left on the dock it was taken away after the digger had finished the work. The judgment for its value is, therefore, unanimously affirmed, with costs.


Summaries of

Fallkill Construction Company, Inc. v. Hudson

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1920
191 App. Div. 918 (N.Y. App. Div. 1920)
Case details for

Fallkill Construction Company, Inc. v. Hudson

Case Details

Full title:FALLKILL CONSTRUCTION COMPANY, INC., Respondent, v. GEORGE C. HUDSON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1920

Citations

191 App. Div. 918 (N.Y. App. Div. 1920)

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