Morton v. . Tucker
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made December 24, 1894, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term sustaining a demurrer to the complaint. The allegations of the complaint, so far as material, are set forth in the opinion. The lien having been discharged by the giving of a bond, judgment cannot actually be rendered against the property. (Lawson v. Reilly, 13 Civ. Pro.
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Appeal from order of the General Term of the City Court of Brooklyn, made December 24, 1894, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term sustaining a demurrer to the complaint. The allegations of the complaint, so far as material, are set forth in the opinion. The lien having been discharged by the giving of a bond, judgment cannot actually be rendered against the property. (Lawson v. Reilly, 13 Civ. Pro. Rep. 290.) The lien against the property being discharged, the sureties stand in the place of the property. ( Ward v.…
1Opinion of the CourtHaight, J.
The complaint, in substance, alleges that during the months of July and August, 1894, the plaintiff sold and delivered unto the defendant Sarah E. Tucker lime, bricks and lath with which to erect seven buildings on a lot of land in the city of Brooklyn (describing the premises), and that such property was sold and delivered at the prices agreed upon between the defendant Tucker and the plaintiffs, which amounted in the aggregate to $528.49, no part of which has been paid, and that the same is now due and owing; that on the 13th day of August, 1894, and within ninety days after the furnishing…
2Cases cited2 opinions
- Ward v. . KilpatrickNew York Court of Appeals · 1881
- Brandt v. RadleyNew York Supreme Court · 1892
3Cited by61 opinions
- Harley v. . PlantNew York Court of Appeals · 1914
- Sexauer & Lemke v. Luke A. Burke & Sons Co.New York Court of Appeals · 1920
- Tri-City Electric Co. v. PeopleAppellate Division of the Supreme Court of the State of New York · 1983
- Tri-City Electric Co. v. PeopleNew York Court of Appeals · 1984
- Stanndco Developers, Inc. v. HoffenbergCourt of Appeals for the Second Circuit · 1976
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