Rinn v. Electric Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J. Philip Rian, from so much of a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 8th day of June, 1895, upon the decision of the coin-fc rendered after a trial at the Richmond Special Term, as limits his lien to the sum of $6,006.22, with costs and allowances, and as denies a lien to him for the balance claimed to be due him of $4,281.
1Opinion of the Court
Hatch, J.:
The facts upon which this appeal is to be determined are practically without dispute. The action is to foreclose a mechanic’s lien.. Plaintiff is an architect', and was employed by the defendant company in 1892 to prepare plans for and superintend the construction of a power house at New Brighton, Staten Island. His compensation, provided by agreement, was five per cent on the cost of the structure and expenses. After the preparation of the plans the company requested him to modify them by limiting the construction to one-half of the building. This plaintiff complied with by…
2Cases cited2 opinions
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Gardner v. LeckSupreme Court of Minnesota · 1893
3Cited by10 opinions
- Chambers v. George Vassar's Sons & Co.New York Supreme Court · 1913
- Chesnow v. GorelickMichigan Supreme Court · 1929
- Gaastra v. Bishop's Lodge Co.New Mexico Supreme Court · 1931
- Lipscomb v. Exchange National BankWashington Supreme Court · 1914
- Thompson-Starrett Co. v. Brooklyn Heights Realty Co.Appellate Division of the Supreme Court of the State of New York · 1906
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