Kerwin v. Alfred Post & American Bonding Co. of Baltimore
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrew J. Kerwin, Jr.,, from a judgment of the Supreme Court in favor- of certain of tile defendants, entered in tlie,office of the cleric of the county of New York on the 18th day of April, 1907, upon the decision of .the court, rendered after a trial at the New York Special Term, dismissing the amended complaint. ,
1Opinion of the Court
Houghton, J.:
The action is brought to foreclose a mechanic’s lien in place of which a bond had been given, and two separate causes of action are alleged in the complaint. ■
• On the trial, before any evidence was taken, the entire complaint was'dismissed on the ground'that neither cause of action stated facts sufficient,to constitute .a cause of action.,'
In the first cause of action it is alleged that the defendant Post was the owner of premises adjoining premises owned by plaintiff between which there ■ was a party wall standing, about one-half on the land of each, and that with the knowledge…
2Cases cited6 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Campbell v. MesierNew York Court of Chancery · 1819
- Rice v. . CulverNew York Court of Appeals · 1902
- Heartt v. . KrugerNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gallagher v. CampodonicoAppellate Division of the Superior Court of California · 1931
- Pearce v. KenneyAppellate Division of the Supreme Court of the State of New York · 1912
- Herrman v. Hartwood Holding Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Wechsler v. Elbeco Realty Corp.New York Supreme Court · 1922
- Pierce v. KinneyAppellate Division of the Supreme Court of the State of New York · 1912
2 more not listed; retrieve them via the Exa API.