Gass v. Souther
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Queens county. Action by John H. Gass against Mary J. .Souther and others. Judgment for plaintiff, and defendant Mary J. Souther appeals. Affirmed if plaintiff, within 20 days after entry of order herein, pays the lien of the lienor whom he failed to make a party to this action; otherwise, to be reversed.
1Opinion of the CourtHatch, J.
The complaint -was sufficient to state a cause of action for the foreclosure of plaintiff's lien. The objections thereto are extremely technical, and, if it were necessary, we might regard them as amended upon this appeal in accordance with the proof, for. the- purpose of supporting the judgment. The fact that the plaintiff furnished the material which is the subject of the lien to the contractor engaged in the construction of the house for the defendant Souther is not the subject of dispute, nor is the validity of the lien in any wise attacked. The real point in issue between the parties was…
2Cases cited2 opinions
- Wanzer v. . CaryNew York Court of Appeals · 1879
- Sheridan v. PresasAppellate Terms of the Supreme Court of New York · 1896
3Cited by1 opinion
- Devine v. PfaelzerIllinois Supreme Court · 1917