Raile v. Peerless American Products Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Manhattan Mortgage Company, from that part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county of Bronx on the 29th day of September, 1919, upon the decision of the court rendered after a trial at the Bronx Special Term sustaining and foreclosing a mechanic’s lien filed by the plaintiff against the premises described in the complaint and directing the chamberlain to pay over to plaintiff a…
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Appeal by the defendant, Manhattan Mortgage Company, from that part of a judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county of Bronx on the 29th day of September, 1919, upon the decision of the court rendered after a trial at the Bronx Special Term sustaining and foreclosing a mechanic’s lien filed by the plaintiff against the premises described in the complaint and directing the chamberlain to pay over to plaintiff a fund deposited by the appellant to discharge the hen, and against appellant for costs.
1Opinion of the Court
Laughlin, J.:
The amended complaint shows that the plaintiff claimed and filed a hen on the theory of an implied contract for the reasonable value of work, labor and services performed and materials furnished at the special instance and request of the defendant Peerless American Products Company, Inc., in the erection of two five-story apartment houses on certain premises at the southwest comer of Shakespeare avenue and One Hundred and Sixty-ninth street, in the borough of The Bronx, city of New York, of which it was the owner. The plaintiff alleged that at the special instance and request of…
2Cases cited14 opinions
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- Farron v. . SherwoodNew York Court of Appeals · 1858
- Jones v. . JuddNew York Court of Appeals · 1850
- Wright v. . ReusensNew York Court of Appeals · 1892
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
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3Cited by9 opinions
- Inland Construction Co. v. City of PendletonOregon Supreme Court · 1925
- Paterno & Sons, Inc. v. Town of New WindsorAppellate Division of the Supreme Court of the State of New York · 1974
- Harder v. ReedyAppellate Division of the Supreme Court of the State of New York · 1995
- Meyers v. Town of CoxsackieAppellate Division of the Supreme Court of the State of New York · 1988
- Beaumont Birch Co. v. Najjar Industries, Inc.District Court, S.D. New York · 1979
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