Di Menna v. . Cooper Evans Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 19, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 19, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This is an action in equity -brought by plaintiff to enforce a mechanic’s municipal lien, triable by the court without a jury, as to which the plaintiff had no right to a jury trial, except as to such special issues as the court might in its discretion frame and send to a jury,…
1Opinion of the CourtCardozo, J.
The action is brought to foreclose a mechanic’s lien. The plaintiff, a sub-contractor, furnished labor and materials to the defendant Cooper & Evans Company, which had a contract with the city of New York for a public improvement. The complaint alleges that the defendant undertook to make advances to the plaintiff during the progress of the work; that it kept its promise for a time; but that in August, 1910, it refused to make further advances, discharged the plaintiff and terminated the contract. The value of the labor and material supplied at that time, in excess of payments already…
2Cases cited31 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Kenney v. . ApgarNew York Court of Appeals · 1883
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
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3Cited by82 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Ring v. SpinaCourt of Appeals for the Second Circuit · 1948
- Bruckman v. HollzerCourt of Appeals for the Ninth Circuit · 1946
- Cioffi v. S.M. Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
77 more not listed; retrieve them via the Exa API.