Rowe v. Gerry
Appellate Division of the Supreme Court of the State of New York
■ Appeal hy the defendant, Isabel H. Gerry, from a judgment of the Supreme Court in favor of the respondents, entered in the office •of the clerk of the county of Westchester on the 4th day - of Oetoher,. 1902, upon the report of a referee in an action to foreclose a mechanic’s lien.
1Opinion of the Court
Woodward, J. :
The judgment in this case will have to be reversed because of errors in the admission of evidence and in the amendment of the complaint. The plaintiff,' as the assignee of one Vantine,' a con-tractor, who had entered into, a contract with the defendant Gerry for the construction of a house, brought this action to foreclose a mechanic’s lien, and the other defendants stand upon his right to recover, as sub-contractors and materialmen. The complaint, among other things essential to a recovery, alleges “ that the said Albert Vantine, contractor, has duly fulfilled all the…
2Cases cited7 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Fox v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1899
- Elting v. DaytonNew York Supreme Court · 1892
- Schnaier v. NathanAppellate Division of the Supreme Court of the State of New York · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cannon v. FargoAppellate Division of the Supreme Court of the State of New York · 1910
- Rowe v. GerryAppellate Division of the Supreme Court of the State of New York · 1906
- Maeder v. WexlerAppellate Terms of the Supreme Court of New York · 1904
- New Jersey Co. v. Nathaniel Wise Co.Appellate Terms of the Supreme Court of New York · 1907
- Reilly v. VoughtAppellate Terms of the Supreme Court of New York · 1904
3 more not listed; retrieve them via the Exa API.