Mathot v. Triebel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Frederick E. Triebel, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the lltli day of February, 1904, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling tlm defendant’s demurrer to the plaintiff’s complaint.
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Appeal by the defendant, Frederick E. Triebel, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the lltli day of February, 1904, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling tlm defendant’s demurrer to the plaintiff’s complaint. The defendant, a contractor, entered into an agreement with the State of Iowa for the erection of a monument at the “ Shiloh Battlefield ” for the sum of $24,800 upon the completion and acceptance thereof. This action is in…
1Opinion of the Court
Kelly, J.:
The questions whether there is more than one cause of action stated in the complaint and whether, if more than one, they should be separately stated, are not before me on this demurrer and are not material to its decision. The objection that the State of Iowa is a necessary party defendant does not seem to me to be well taken. (Adams v. Fox, 40 N. Y. 577.) The objections that the plaintiff’s lien is a “ retaining lien ” and, therefore, “ passive,” that the plaintiff has no right to enforce it or have the amount thereof determined, and that the action is not justified, if sound (and…
2Cases cited6 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- Knapp v. AlvordNew York Court of Chancery · 1843
- Maxwell v. CottleNew York Supreme Court · 1893
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3Cited by3 opinions
- In re SebringAppellate Division of the Supreme Court of the State of New York · 1933
- In re Estate of McGuireAppellate Division of the Supreme Court of the State of New York · 1905
- Simon v. BurkeNew York Supreme Court · 1947