Smith v. Wetmore
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles W. Wetmore, individually and as trustee for himself and his associates, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 12th day of July, 1898, upon the decision of the court-rendered after a trial at the Queens County Special Term.
1Opinion of the Court
Willard Bartlett, J.:
This is a suit to foreclose a mechanic’s lien, and arises out of a contract for the construction of a canal and a basin in the harbor of Oyster Bay, on Long Island. The complaint alleged, and the trial court has found, that the work required to he done by the plaintiff under the contract was substantially completed, and that there is due to him a balance of $7,274.67 on account of said work. The' defendants deny that the plaintiff had fulfilled the conditions of the contract on Ills part, either substantially or in any other manner. The evidence upon this issue was…
2Cases cited4 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Harris v. . TumbridgeNew York Court of Appeals · 1880
- Meyer v. . LathropNew York Court of Appeals · 1878
3Cited by5 opinions
- Bossert v. PoerschkeAppellate Division of the Supreme Court of the State of New York · 1900
- Bjorkegren v. KirkNew York Supreme Court · 1907
- Perry v. LevensonAppellate Division of the Supreme Court of the State of New York · 1903
- Shire v. PlimptonAppellate Division of the Supreme Court of the State of New York · 1900
- Barton & Spooner Co. v. GreyAppellate Terms of the Supreme Court of New York · 1910