18 Jones & S. 496
The Superior Court of New York City
Decided February 4, 1884
The Superior Court of New York City · decided 1884-02-04
Appeal by defendant (1) from judgment entered in favor of the plaintiff upon a verdict of the jury for the sum of $17,110.08, exclusive of… Held: that this .action was properly brought against the defendant as executor ; (2) thafc, if the plaintiff establishes a breach of contract by the defendant, it is not necessary for the plaintiff to produce, or to account for the non-production of, any architect’s certificate which the contract provided should be procured, at a time…
Decided 1884-02-04
¶1Opinion by Freedman, J.; O’ Gorman, J., concurred.
¶2Judgment and order denying defendant’s motion upon the minutes for a ,new trial, severally reversed, and new trial ordered, with costs to the appellant to abide the event.
¶3Order made before trial denying defendant’s motion to *503make certain lienors parties defendant, and for stay of proceedings affirmed, with $10 costs to respondent to be set off against costs first above referred to.