Henderson, Hull & Co. v. McNally
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harry McNally and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the. 28th day of September, 1899, upon the decision of the court rendered after a trial at the New York Special Term. The action was brought to foreclose a mechanic’s lien and to recover the contract price of certain building materials.
1Opinion of the Court
McLaughlin, J. :
The defendant McNally contracted by a written instrument not under seal with one Hale for certain building materials, to be used in the erection of a school building for the city of New York. In making the contract,.although Hale did not mention or refer to the plaintiff, he acted for it, which fact McNally at the time did not know. The materials, by different shipments, were delivered by the plaintiff to McNally, and in each instance a bill rendered direct to him.
The contract price for the materials delivered was $4,814, which sum, with the exception of one check for $150,…
2Cases cited1 opinion
- Nicoll v. . BurkeNew York Court of Appeals · 1879
3Cited by6 opinions
- Kelly Asphalt Block Co. v. Barber Asphalt Paving Co.New York Court of Appeals · 1914
- Navarre Hotel & Importation Co. v. American Appraisal Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Kelly Asphalt Block Co. v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Olsen v. Hayden Holding Co.Utah Supreme Court · 1937
- Topham v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
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