Nason Ice Machine Co. v. Upham
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Nason Ice Machine Company, from a judgment of the Supreme Court, in favor of the defendants Sarah-B. Upham and the Yonkers Hygeia Ice Company, entered in the office of the clerk of the county of Westchester on the 14th day of,' December, 1896, upon the decision of the court rendered after a > trial at the Westchester Special Term dismissing the complaint on ' the merits as against the defendants Sarah B. Upham and the-Yonkers Hygeia Ice Company,…
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Appeal by the plaintiff, the Nason Ice Machine Company, from a judgment of the Supreme Court, in favor of the defendants Sarah-B. Upham and the Yonkers Hygeia Ice Company, entered in the office of the clerk of the county of Westchester on the 14th day of,' December, 1896, upon the decision of the court rendered after a > trial at the Westchester Special Term dismissing the complaint on ' the merits as against the defendants Sarah B. Upham and the-Yonkers Hygeia Ice Company, except from so much thereof as-ad judges that the plaintiff recover of the defendant Heerniance the-sum of $17,900.52.
1Opinion of the Court
Willard Bartlett, J.:
This is an action to foreclose a mechanic’s lien claimed by the plaintiff for furnishing and placing upon the premises of the defend- ' ant Upham, in the city of Yonkers, a certain ice-making apparatus of a specified patent. The contract for installing the apparatus was made with the defendant Heermance, who, at the time, was the lessee of the premises. Before the machinery was completely installed the defendant Heermance assigned his lease to the Yonkers Hygeia Ice Company. The trial court rendered judgment in favor of the plaintiff against the defendant Heermance…
2Cases cited8 opinions
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Potter v. . CromwellNew York Court of Appeals · 1869
- Burkitt v. . HarperNew York Court of Appeals · 1879
- Husted v. . MathesNew York Court of Appeals · 1879
- Cowen v. . PaddockNew York Court of Appeals · 1893
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3Cited by1 opinion
- Rieser v. CommeauAppellate Division of the Supreme Court of the State of New York · 1908