McDonald v. Mayor, Aldermen & Commonalty of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The verification of the lien in question was sufficient. (Reeves v. Seitz, 47 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1901, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The verification of the lien in question was sufficient. (Reeves v. Seitz, 47 App. Div. 267; L. 1885, ch. 342; Walcott v. Pond, 19 Conn. 597; Potter’s Dwarris on Stat. 203, 204, 231; Weed v. Tucker, 19 N. Y. 422; People v. O'Brien, 111 N. Y. 1; Kealey v.…
1Opinion of the CourtHaight, J.
This action was brought to foreclose a mechanic’s lien.
In July, 1895, the defendant Collins entered into a contract with the city of Mew York for regulating and grading Jerome avenue from Wolf place to One Hundred and nineteenth street: Thereafter the plaintiff entered into a contract with Collins, by which he agreed to sell and deliver upon Jerome avenue forty thousand cubic yards of filling at the rate of twenty-five cents per cubic yard. Pursuant to this agreement the plaintiff delivered to Collins a large amount of filling, amounting, as he claims, to the sum of $6,086.49. Collins,…
2Cases cited1 opinion
- Gaskell v. BeardNew York Supreme Court · 1890
3Cited by8 opinions
- Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Mowbray v. LevyAppellate Division of the Supreme Court of the State of New York · 1903
- Terwilliger v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
- Church E. Gates & Co. v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
- McDonald v. MayorAppellate Division of the Supreme Court of the State of New York · 1906
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