Kirschner v. Mahoney
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by August Kirschner against Robert J. Mahoney. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtMacLEAN, J.
The plaintiff failing to prove, as was necessary, an indebtedness by the owner to the contractor (Keavey v. DeRago, 20 Misc. Rep. 105, 45 N. Y. Supp. 77), in his action to foreclose a mechanic’s lien, was not entitled to judgment therefor (Madden v. Lennon, 23 Misc. Rep. 704, 52 N. Y. Supp. 8), and, the evidence being vague as to who is his debtor for goods sold and delivered, a personal judgment may not by modification be rendered, under the provisions of section 3412 of the Code of Civil Procedure. The judgment must therefore be reversed, and a new trial ordered.
Judgment reversed, and a new…
2Cases cited3 opinions
- Keavey v. De RagoAppellate Terms of the Supreme Court of New York · 1897
- Madden v. LennonAppellate Terms of the Supreme Court of New York · 1898
- Madden v. LennonAppellate Terms of the Supreme Court of New York · 1898