Beecher v. Schuback
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendants, Herman Kertsclier and others, from, a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendant, John Schubaclc, entered in the office of the clerk of said court on the 8th day of October, 1894, upon the report of a referee.
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Appeal by tlie defendants, Herman Kertsclier and others, from, a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendant, John Schubaclc, entered in the office of the clerk of said court on the 8th day of October, 1894, upon the report of a referee. On the 6th day of February, 1889, the defendant, John Schuback,. entered into a contract with Barron & Barron for the building of two houses on two lots of land at the corner of Ninth avenue and. Eighty-ninth street for the price of $43,000, to be paid in seven installments, six at different stages in…
1Opinion of the Court
O’Brien, J.:
The last payment, out of which the appellants insist their liens-should be paid, by the terms of the contract was due when the buildings were completed. By the complaint and by the answers, not only of the owner, but also of the defendant lienors, who are appellants here, the issue tendered was whether or not the work on the buildings was substantially performed in accordance with the-plans and specifications. The confusion which has been introduced is due entirely to the failure to confine the proof to the issue thus-presented.
After the introduction of evidence by the lienors…
2Cases cited3 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Beardsley v. . CookNew York Court of Appeals · 1894
- Elting v. DaytonNew York Supreme Court · 1892
3Cited by10 opinions
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Edward E. Buhler Co. v. New York Dock Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Williams v. Fire Ass'nAppellate Division of the Supreme Court of the State of New York · 1907
- Martin v. FlahiveAppellate Division of the Supreme Court of the State of New York · 1906
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