Legal Opinion

Upton Co. v. Flynn

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1915PublishedCited by 5 opinions

Appeal by the plaintiff, The Upton Company, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 17th day of April, 1914, as limits the amount of plaintiff’s lien against certain property.

1Opinion of the Court

Kruse, P. J.:

The defendant Bassett agreed to build a house for the defendants Flynn for the sum of $1,829, to be paid upon the certificate of the architect. The plaintiff furnished lumber therefor *80and the action is to foreclose its lien filed therefor. The original contract under which Bassett agreed to construct the house provided that eighty per cent of the labor and material furnished on the premises as the work progressed was to be paid, the remaining twenty per cent to be paid on completion and acceptance of the work or within ten days thereafter.

At the time plaintiff’s notice of lien…

2Cases cited3 opinions

  1. Van Clief v. . Van VechtenNew York Court of Appeals · 1892
  2. Foshay v. . RobinsonNew York Court of Appeals · 1893
  3. Anisansel v. CoggeshallAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by5 opinions

  1. Albert J. Bunce, Ltd. v. FaheyAppellate Division of the Supreme Court of the State of New York · 1979
  2. Rukeyser v. Fountain & Choate, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
  3. 104 Contractors, Inc. v. R.T. Golf Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Van Etten v. Sphinx Holding Corp.New York Supreme Court · 1921
  5. Schenectady Tile Co. v. SchoonmakerNew York Supreme Court · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API