Luther v. Silver

The action is one to enforce a mechanic’s lien on real property. The defendant Silver appeared voluntarily herein and has answered. Prior to the commencement of the action an application was made to discharge the hen and to substitute in place thereof an undertaking, and an order to that effect was granted in the County Court and such undertaking was provided, with the defendant American Surety Company of New York as surety thereon. The action was brought to trial, and on the trial it appeared that the amount of the lien which the action was brought to enforce, to wit, the sum of $4,271.56,…