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Cosgrove v. Metropolitan Construction Co.

JAMES COSGROVE v. METROPOLITAN CONSTRUCTION COMPANY

Cosgrove v. Metro. Constr. Co., 58 A. 82 (N.J. 1904)
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Court
Supreme Court of New Jersey · State Highest Courts
Decided
June 13, 1904
Judges
Fort
Citations
58 A. 8271 N.J.L. 10642 Vroom 1061904 N.J. Sup. Ct. LEXIS 109
Headnotes
1. Tbis court will not review tlie District Court on questions of fact. If there be evidence to justify the finding of that court, its judgment will be sustained. 2. The District Court has power to amend the state of demand by inserting therein that the plaintiff sues as assignee.
Summary
On appeal from the Second District Court of Jersey City.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fort

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The opinion of the court was delivered by Fort, J.

Almost all the questions argued on the brief in this case are questions of fact which have been determined by the District Court.

There waS evidence from which that court could find that Elliott, the assignor of the plaintiff, was authorized to pay the workmen of the defendant, and that the defendant had agreed to reimburse him for such payments. Similar transactions had previously occurred, and the defendant had paid Elliott the amounts so disbursed by him. It was clearly proved that the debt paid for the defendant company to its workmen was due and was just. The only defence attempted was a mere technicality.

: At the trial the District Court ordered the state of demand amended so that it would show that the plaintiff was the assignee of claims of one Robert A. Elliott. It is objected that this was error. This amendment in nowise changed the defence which the defendant had in the action, and was *107 clearly within the power of the court, under the District Court act and the decisions of this state. Pamph. L. 1898, p. 616, § 161; Lambeck v. Stiefel, 41 Vroom 180 ; Farrier v. Schroeder, 11 Id. 601; Hasbrouck v. Winkler, 19 Id. 431.

The judgment of the District Court is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1906: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. Clothier v. Sigle63 A. 865 (N.J. 1906)

Most recent

  1. Clothier v. Sigle63 A. 865 (N.J. 1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Lambeck v. Stiefel, 56 A. 132 (N.J. 1903) 1

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