Scerbo v. Smith

This action is 'brought .for the foreclosure of a hen which the plaintiff claims to have upon certain money’s due1 from the mayor, aldermen .'and commonalty. of the city of Yew York to the defendant Bernard Mahon, under a contract between, the city and: the defendant Smith* which was' subsequently • assigned by him to the defendant Mahon. The plaintiff bases his lien upon allegations showing the performance by him o'f: work and the furnishing of' materials toward the-performance or completion of said contract- ■

The defendants Smith and Mahon demur to the complaint on the ground that it does…