Tinley v. Van Wert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Maude C. Van Wert,, from a judgment of the Supreme Court in favor of. the plaintiff, entered in the office of the clerk of the county of Albany on the 24th day of January, 1907, upon the decision of tiie court rendered after a'trial at the Albany Trial Term, certain questions having been submitted.to the jury, with notice of an intention to bring up for review upon such appeal an order'entered in said clerk’s office on the 30th- day of.
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Appeal by the defendant, Maude C. Van Wert,, from a judgment of the Supreme Court in favor of. the plaintiff, entered in the office of the clerk of the county of Albany on the 24th day of January, 1907, upon the decision of tiie court rendered after a'trial at the Albany Trial Term, certain questions having been submitted.to the jury, with notice of an intention to bring up for review upon such appeal an order'entered in said clerk’s office on the 30th- day of. January, .1907, denying the • defendant’s ■ motion ■ to set aside the verdict as to the value of the plaintiff’s services.
1Opinion of the Court
Cochrane, J.:
- This is an action to foreclose a mechanic’s lien,. The complaint alleges that plaintiff performed services consisting of painting and p'aperlianging in the buildings and on the premises' of the defendant, and that he furnished material therefor, “ all, of which amounted at the price agreed upon therefor, to and of the reasonable worth and value of $227.37,. which said" services performed and materials, furnished were so performed and furnished upon the order.and retainer and with the consent of the defendant and" were to be paid for upon the completion of said work, which was…
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