Clarke v. Heylman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William D. Clarke and another, from an interlocutory judgment of the Supreme Court in favor of the defendant, Henry B. Heylman, entered in the office of the clerk of the county of New York on the 6th day of November, 1902, upon the decision of the court, rendered after a trial at the Yew York Special Term, overruling the plaintiffs’ demurrer to the defense set forth in the 4th and 5th paragraphs of said defendant’s answer.
1Opinion of the Court
Ingraham, J. :
The action was brought to foreclose a mechanic’s lien against the defendants Heylman as owner, and Connell as contractor, for labor and materials furnished by the plaintiffs. The complaint alleges that Heylman made a written contract with the defendant Connell, whereby Connell agreed to erect and furnish buildings upon certain premises described, for which Connell was to be paid $9,300 in installments to come due as the work progressed; that on or about March 11, 1896, Connell abandoned his contract, with the consent of Heylman, who completed the work to be done under the…
2Cited by15 opinions
- EFCO Corp. v. U.W. Marx, Inc.Court of Appeals for the Second Circuit · 1997
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Woolf v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1905
- Madison Lexington Venture v. Thomas Crimmins Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1990
- In re CohenAppellate Division of the Supreme Court of the State of New York · 1924
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