Kruger v. Braender
New York Court of Common Pleas
Appeal from city court, general term. Action by Otto Kruger and Charles F. Albert against Philip Braender and others to foreclose a mechanic’s lien. From a judgment of the general term of the city court (20 H. Y. tiupp. 991) affirming a judgment of that court at special term in favor of plaintiffs, the defendant Braender appeals.
1Opinion of the Court
BISCHOFF, J,
The evidence is conclusively to the effect that plaintiffs at no time entered into any contract with Uckermann, defendant Braender’s contractor, to supply him with the materials for which they claimed a lien in this action, and that they did furnish it upon Braender’s promise to pay therefor. Ho question arises, therefore, as to whether or not Braender’s promise was collateral to any promise of Uckermann, and void under, the statute of frauds, because not in writing. Hubbell v. Schreyer, 14 Abb. Pr. (N. S.) 284, 298, et seq.
That the notice of lien and the complaint alleged a joint…
2Cases cited9 opinions
- Weyer v. . BeachNew York Court of Appeals · 1880
- Burroughs v. . TostevanNew York Court of Appeals · 1879
- Fay v. MuhlkerNew York Court of Common Pleas · 1892
- Schaettler v. . GardinerNew York Court of Appeals · 1872
- Darrow v. . MorganNew York Court of Appeals · 1875
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3Cited by2 opinions
- In re DeanNew York Supreme Court · 1894
- Morton v. O'KeefeNew York City Court · 1894