Legal Opinion

Rice v. . Culver

New York Court of Appeals

Decided October 7, 1902PublishedCited by 46 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1901, reversing a judgment in favor of defendant Culver entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Culver or his lands are not liable for respondent’s liens.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1901, reversing a judgment in favor of defendant Culver entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Culver or his lands are not liable for respondent’s liens. (De Klyn v. Gould, 165 N. Y. 282; Vosseller v. Slater, 25 App. Div. 368 ; 163 N. Y. 564; Havens v. W S. E L. & P. Co., 44 N. Y. S. R. 589; 49 N. Y. S. R. 771; 143 N. Y.…

1Opinion of the CourtCullen, J.

This action is brought to enforce a mechanic’s lien filed by the plaintiff against certain lands in the city of Rochester owned by the appellant. The defendant Friedericli is also a lienor. In the spring of 1898 the appellant entered into negotiations for the lease of the premises, which consisted of a tract of abont_twenty-one acres of laud, to the defendant corporation, The Rochester Exhibition Company. These negotiations culminated in a written lease bearing date the 10th day of April, which was executed by the appellant on the 20ch day of April and by the exhibition company on the 28th…

2Cases cited10 opinions

  1. Suydam v. . JacksonNew York Court of Appeals · 1873
  2. National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
  3. Hankinson v. . VantineNew York Court of Appeals · 1897
  4. Burkitt v. . HarperNew York Court of Appeals · 1879
  5. Otis v. . DoddNew York Court of Appeals · 1882

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3Cited by46 opinions

  1. Union Indemnity Co. v. Benton County Lumber Co.Supreme Court of Arkansas · 1929
  2. Tinsley v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
  3. Beck v. Catholic University of AmericaNew York Court of Appeals · 1902
  4. Paul Mock, Inc. v. 118 East 25th Street Realty Co.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Elliott-Williams Co., Inc. v. Impromptu Gourmet, Inc.Appellate Division of the Supreme Court of the State of New York · 2006

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