Wm. Messer Co. v. Rothstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Abraham Rothstein and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of March, 1908, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Clarke, J.:
The action is to foreclose a mechanic’s lien. Plaintiff had judgment. The plaintiff is a domestic corporation.
The complaint alleges that plaintiff entered into an agreement with *216the defendants whereby the plaintiff agreed to do for the said defendants the plumbing and gas fitting and furnish the materials therefor in certain premises owned by the defendants. The -answer denies that any sum was due to plaintiff and asked an affirmative judgment for damages for delay and negligence in performance.
The appellants make the point for the first time, and in this court, that the plaintiff…
2Cases cited11 opinions
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- Johnston v. . DahlgrenNew York Court of Appeals · 1901
- Cook v. . WhippleNew York Court of Appeals · 1873
- People v. John H. Woodbury Dermatological InstituteNew York Court of Appeals · 1908
- City of New York v. Trustees of Sailors' Snug HarborAppellate Division of the Supreme Court of the State of New York · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rogers v. RameyCourt of Appeals of Kentucky · 1923
- Dickson v. FlynnAppellate Division of the Supreme Court of the State of New York · 1936
- O. G. Pierce Co. v. Century Indemnity Co.Nebraska Supreme Court · 1939
- State v. Winneshiek Co-Operative Burial Ass'nSupreme Court of Iowa · 1946
- Halper v. Ætna Life InsuranceCivil Court of the City of New York · 1964
3 more not listed; retrieve them via the Exa API.