Kuhs v. Flower City Tissue Mills Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ernest T. Kuhs, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 22d day of January, 1919, upon the decision of the court after a trial at the Monroe Special Term in an action to foreclose a 'mechanic’s lien.
1Opinion of the Court
Foote, J.:
On the merits we are of opinion that no error was committed by the trial court which would justify a reversal of this judgment.
There was error, however, in the award of costs. The action is to foreclose a mechanic’s lien against the Flower City Tissue Mills Company as owner of the land and the defendant Rapp as the principal contractor, plaintiff being a subcontractor for the mason work under Rapp. The defendant Rapp, conceding that there was a balance of $1,020.06 due from him to the plaintiff under the subcontract, made to plaintiff an offer of judgment for this amount “ with…
2Cases cited4 opinions
- Heckemann v. . YoungNew York Court of Appeals · 1892
- Heckemann v. YoungNew York Supreme Court · 1890
- McNally v. RowanAppellate Division of the Supreme Court of the State of New York · 1905
- McNally v. . RowanNew York Court of Appeals · 1905
3Cited by3 opinions
- Savin Brothers, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Kuhs v. Flower City Tissue Mills Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Maroe v. Thompson, Circuit Court of the 15th Judicial Circuit of Florida, Palm Beach County1974