Rochkind v. Perlman

HOOKER, J. (dissenting).

The action is to recover from the defendants as sureties upon a bond given to discharge of record a mechanic’s lien filed by the plaintiffs. The action against the principal debtor "to fix the amount of the lien had proceeded to judgment, so it is alleged in the complaint, in favor of the plaintiffs before the commencement of this action. This and other allegations of the complaint the defendants put in issue by denying knowledge or information sufficient to form a 'belief. The plaintiffs moved at Special Term upon the pleadings for judgment “upon the ground that the…