Ball & Wood Co. v. Jonathan Clark & Sons Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jonathan Clark & Sons Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of November, 1897, upon the decision of the court rendered after a trial at the Erie Special Term overruling its demurrer to the complaint, the court having found “ that the said complaint states facts sufficient to constitute a cause of action.”
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Appeal by the defendant, Jonathan Clark & Sons Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of November, 1897, upon the decision of the court rendered after a trial at the Erie Special Term overruling its demurrer to the complaint, the court having found “ that the said complaint states facts sufficient to constitute a cause of action.” The action was commenced on the 30th day of March, 1897, to foreclose a mechanic’s lien and to sell the real estate described in the complaint…
1Opinion of the Court
Hardin, P. J.:
The plaintiff is a foreign corporation organized under the laws of the State of New Jersey. The defendant, the Ellicott Square Company of Buffalo, is a domestic corporation. The Jonathan Clark & Sons Company is a foreign corporation organized under the laws of the State of Illinois.
On the 15tli of October, 1895, the Louis K. Comstock Company, a sub-contractor with the defendant, the Jonathan Clark & Sons Company, which latter was a contractor with the defendant, the Ellicott Square Company, entered into a contract with the plaintiff whereby the plaintiff agreed to furnish four…
2Cases cited8 opinions
- Lazarus v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1895
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Townsend v. . BogertNew York Court of Appeals · 1891
- Beardsley v. . CookNew York Court of Appeals · 1894
- Kelly v. . BloomingdaleNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Siegel v. EhrshowskyAppellate Terms of the Supreme Court of New York · 1905
- Wood Manufacturing & Realty Co. v. JohnstoneAppellate Division of the Supreme Court of the State of New York · 1912
- Lehmann v. Kingston Plaza, Inc.New York Supreme Court · 1964
- In re the Estate of NeilNew York Surrogate's Court · 1901
3 more not listed; retrieve them via the Exa API.