Gilmour v. . Colcord
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1904, modifying and affirming as modified a judgment of Special Term in favor of plaintiff and defendant respondents in an action to foreclose certain mechanics’ liens. The facts, so far as material, are stated in the opinion. The judgment cannot he sustained on the ground of fraud.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 23, 1904, modifying and affirming as modified a judgment of Special Term in favor of plaintiff and defendant respondents in an action to foreclose certain mechanics’ liens. The facts, so far as material, are stated in the opinion. The judgment cannot he sustained on the ground of fraud. (Morris v. Talcott, 96 N. Y. 100; Roberts v. Buckley, 145 N. Y. 215; Delaney v. Valentine, 154 N. Y. 692; Dodge v. McKechnie, 156 N. Y. 514; Van Hesse v. MacKaye, 136 N. Y. 113; Schultz v.…
1Opinion of the CourtO’Brien, J.
The plaintiff is the assignee of a claim and mechanic’s lien filed by a building contractor under a contract made by him with one Christian Blinn. Blinn was the owner of the property and made the contract with the plaintiff’s assignor for the material and labor constituting the plumbing work of the building. Numerous parties were made defendants in the action. Some of them made default and others answered, and the issues in the case were decided at the trial in favor of the plaintiff. None of the parties to the action have appealed from the judgment of the court below except the defendant…
2Cases cited9 opinions
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Toop v. . SmithNew York Court of Appeals · 1905
- Quinlan v. . WelchNew York Court of Appeals · 1894
- Mahley v. . German BankNew York Court of Appeals · 1903
- Binsse v. . WoodNew York Court of Appeals · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brigham v. DuanyNew York Court of Appeals · 1926
- Finn v. . SmithNew York Court of Appeals · 1906
- Cummings v. . Broadway-94th Street Realty Co.New York Court of Appeals · 1922
- Zimmermann v. LoftAppellate Division of the Supreme Court of the State of New York · 1908
- Ellis Chingos Construction Corp. v. Carlton Properties, Inc.New York Supreme Court · 1958
5 more not listed; retrieve them via the Exa API.