John Weber & Co. v. Hearn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George A. Hearn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of August, 1898, upon the report of a referee in an action brought to foreclose a mechanic’s lien.
1Opinion of the Court
O’Brien, J.:
Six questions were stipulated for review before this court, only two of which present questions of law, the others being questions of fact, which cannot be considered, for the reason that it nowhere appears that the record contains all the evidence bearing on these disputed questions of fact, and, therefore, we have no right to pass upon the disposition made of them.
The first question is whether the contract was made by the defendant with a partnership or a corporation. That it was entered into with John Weber & Co. is admitted, and the proof shows that it was a corporation and…
2Cases cited3 opinions
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Newell v. . WheelerNew York Court of Appeals · 1867
- Fogg v. Suburban Rapid-Transit Co.New York Supreme Court · 1895
3Cited by5 opinions
- Price v. BiggsCourt of Appeals of Texas · 1919
- North Shore Sewer & Water, Inc. v. Corbetta Construction Co.Court of Appeals for the Seventh Circuit · 1968
- North Shore Sewer And Water, Inc. v. Corbetta Construction Co.Court of Appeals for the Seventh Circuit · 1968
- Thornall v. CrawfordNew York Supreme Court · 1901
- Schmidt v. Briarcliff Lodge Ass'nCity of New York Municipal Court · 1914