Legal Opinion

Genung v. Hawkes

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1911Published

Appeal by the plaintiff, Sherman A. Genung, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Tioga on' the 26th day of Hay, 1911, striking out certain portions of the plaintiff’s supplemental complaint.

1Opinion of the Court

Houghton, J.:

The plaintiff’s original complaint was divided into three separate alleged causes of action. The first was for the foreclosure of a mechanic’s lien for materials furnished to a contractor, the second to charge the owner personally by reason of his promise-to pay, and the third to charge the owner for loss occasioned by the refusal to disclose the terms- of his contract with the builder.

To the second and third causes of action the defendant answered, but demurred to the- first on the ground that facts *381were not stated sufficient to constitute a cause of action and that it appeared…

2Cases cited1 opinion

  1. Mann v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1909

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