Abbott v. . Easton
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 27, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the St. Lawrence County Court. 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 of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 27, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the St. Lawrence County Court. The nature of the action and the facts, so far as material, are stated in the opinion. Even though the complaint is insufficient to enable a foreclosure of the lien to be had. nevertheless the action is well brought and can be maintained, (Code Civ. Pro. § 3412; Terwilliger v. Wheeler, 81 App. Div. 460; Ryan v. Train, 95 App. Div. 74; Schenectady…
1Opinion of the CourtChase, J.
The complaint alleges that the plaintiff sold and delivered to the defendant certain lumber of the value therein stated and that no part of the same has been paid though p&st due and often demanded. • It further alleges that the lumber therein mentioned was used in the improvement of certain real property owned by the defendant and therein specifically described and that within ninety days after the sale of said lumber a mechanic’s lien was filed therefor in the St. Lawrence county clerk’s office.
The plaintiff demanded judgment “ for fifty-three dollars and seventy-one cents with interest…
2Cases cited9 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Kain v. . LarkinNew York Court of Appeals · 1894
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Hawkins v. Mapes-Reeve Construction Co.New York Court of Appeals · 1904
- Bradley Currier Company v. . PacheteauNew York Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Hartley v. . Eagle Insurance Co.New York Court of Appeals · 1918
- Cleveland v. BatemanNew Mexico Supreme Court · 1915
- Fast v. WhitneyWyoming Supreme Court · 1920
- Glyn v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1909
25 more not listed; retrieve them via the Exa API.