Brady v. Rodenbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the-plaintiff, Bernard Brady, from so much of a judgment of the County- Court of Erie county in favor of the defendants, entered in the office of the clerk of said county on the 1st day of March, 1916, as decrees that the lien filed herein by John Smith, one of the defendants, is a good and subsisting lien on the property described in the complaint, and that the defendant John Smith is entitled to enforce said lien against said property, and also to recover his…
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Appeal by the-plaintiff, Bernard Brady, from so much of a judgment of the County- Court of Erie county in favor of the defendants, entered in the office of the clerk of said county on the 1st day of March, 1916, as decrees that the lien filed herein by John Smith, one of the defendants, is a good and subsisting lien on the property described in the complaint, and that the defendant John Smith is entitled to enforce said lien against said property, and also to recover his costs in this action.
1Opinion of the Court
Kruse, P. J.:
No evidence was given upon the trial. The plaintiff’s cause of action as alleged in the complaint was admitted, save as it was claimed that the notice of lien was faulty. The precise defect pointed out was that the notice of lien should have stated the value of all the lumber furnished by the plaintiff and payments made thereon by the contractor, Eva Anger, instead of stating (as it did) the value of what lumber was not paid for.
There would be more force in that contention if the lumber had all been furnished under one entire contract. According to the allegations of the…
2Cases cited1 opinion
- Mahley v. German BankAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- In re Mengel Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Weaver Hardware Co. v. SolomovitzNew York Supreme Court · 1917