Vogel v. Whitmore
New York Supreme Court
Appeal from special term, Monroe county. ■ Action by Leonard Vogel and another against Valentine F. Whit-more and others to foreclose a mechanic’s lien. From a judgment for plaintiffs, defendant Whitmore and others appeal.
1Opinion of the CourtHaight, J.
This action was brought to foreclose a mechanic’s lien. On the 21st day of March, 1892; the defendant Jacob J. Augustin entered into a contract in writing with the defendants Isaac McNeil and John Kleinow to construct for him certain "buildings upon his premises in the city of Rochester, for the sum of $11,800. Upon the making of such contract, the defendants *203McNeil and Kleinow agreed between themselves that Kleinow, who was a mason, should do all the mason work upon the building, and furnish the material therefor, and that he should receive out of the contract price the sum of $5,210, and…
2Cases cited7 opinions
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Carman v. . McIncrowNew York Court of Appeals · 1855
- Crane v. . GeninNew York Court of Appeals · 1875
- Lumbard v. . Syracuse, B. N.Y.R.R. Co.New York Court of Appeals · 1874
- French v. . BauerNew York Court of Appeals · 1892
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3Cited by1 opinion
- Stroebel v. OchseNew York Court of Common Pleas · 1895