Legal Opinion

Deane Steam Pump Co. v. Clark

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

Decided July 1, 1903PublishedCited by 6 opinions

Appeal by the defendant, Nathan E. Clark, from a judgment of the Supreme Court in favor of the defendant Hobart D. Betts, as assignee, etc., of The Armstrong & Bolton Company, entered in the office of the clerk of the county of New York on the 28th day of November, 1902, upon the decision of the court rendered after a trial at the New York Special Term, except in so far as said judgment dismisses the complaint against the defendant Clark and awards judgment in favor of the…

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Appeal by the defendant, Nathan E. Clark, from a judgment of the Supreme Court in favor of the defendant Hobart D. Betts, as assignee, etc., of The Armstrong & Bolton Company, entered in the office of the clerk of the county of New York on the 28th day of November, 1902, upon the decision of the court rendered after a trial at the New York Special Term, except in so far as said judgment dismisses the complaint against the defendant Clark and awards judgment in favor of the plaintiff against The .Armstrong & Bolton Company.

1Opinion of the Court

Laughlin, J.:

This is an action, to foreclose a mechanic’s lien. The defendant Clark contracted with Foskett, Bishop & Co. to furnish and install a steam heating apparatus in apartment houses on premises owned by him. Pending performance of the contract it was assigned to the Armstrong & Bolton Company. The plaintiff, at the instancó and request of the Armstrong & Bolton Company, furnished and installed certain steam pumps in connection with the contract work and filed a lien therefor. The lien was acknowledged but not veri* fied and for this reason was adjudged to be void, but the plaintiff…

2Cases cited3 opinions

  1. Hawkins v. Mapes-Reeve Construction Co.Appellate Division of the Supreme Court of the State of New York · 1903
  2. Weyer v. . BeachNew York Court of Appeals · 1880
  3. McDonald v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by6 opinions

  1. Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
  2. Deane Steam Pump Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1903
  3. Deane Steam Pump Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1903
  4. Smith v. StateNew York Supreme Court · 1909
  5. Nelson v. SchrankAppellate Division of the Supreme Court of the State of New York · 1947

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