Harley v. . Plant
New York Court of Appeals
Appeal from a judgment, entered March 23,1912, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of plaintiff entered upon an order of Special Term granting plaintiff’s motion' for judgment on the pleadings and directed judgment in favor of defendants. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered March 23,1912, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed a judgment in favor of plaintiff entered upon an order of Special Term granting plaintiff’s motion' for judgment on the pleadings and directed judgment in favor of defendants. The nature of the action and the facts, so far as material, are stated in the opinion. The sureties were unnecessary parties to the action brought to determine the validity of the lien and the amount due. (Ringle v. Matthieson, 10 App. Div. 274; Miller v. McKeon,…
1Opinion of the CourtCollin, J.
The action is to recover upon an undertaking executed by the defendants, as sureties, under the provisions of section 21 of the Lien Law (Cons. Laws, ch. 33), to discharge a mechanic’s lien filed by the plaintiff with the comptroller of the city of Hew York against funds payable to one Peter Guthy under his contract with the city for the construction of a public improvement.
Inasmuch as the appellant asserts that the Appellate Division erroneously ordered judgment for the defendants upon the pleadings, the primary question is, does the complaint state facts sufficient to constitute a cause of…
2Cases cited16 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Morton v. . TuckerNew York Court of Appeals · 1895
- Dahlstrom v. . GemunderNew York Court of Appeals · 1910
- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Berger Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Hutnick v. United States Fidelity & Guaranty Co.California Supreme Court · 1988
- Dwan v. MassareneAppellate Division of the Supreme Court of the State of New York · 1922
- Schnibbe v. GlenzNew York Court of Appeals · 1927
- Yonkers Builders Supply Co. v. Petro Luciano & Son, Inc.New York Court of Appeals · 1935
- Drespel v. DrespelNevada Supreme Court · 1935
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