Legal Opinion

Henderson v. Jackson Amusement Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1913Published

Appeal from interlocutory judgments sustaining demurrers to the complaint.

1Per curiam

The notice of lien was clearly defective and ineffectual; therefore, the complaint fails so far as any ground for equitable relief is concerned, and there is no cause of action alleged against Bowitz. But as to Jackson Amusement Company the allegations were sufficient to sustain a common-law action for the debt alleged to be owing by it to plaintiff. (Abbott v. Easton, 195 N. Y. 372; Doyle v. Delaney, 112 App. Div. 856.) As to the defendant Bowitz, the judgment is affirmed, with costs. As to Jackson Amusement Company, the judgment is reversed, with costs, and the demurrer overruled, with…

2Cases cited2 opinions

  1. Abbott v. . EastonNew York Court of Appeals · 1909
  2. Doyle v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1906

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