Prime v. Hughes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary A. Hughes, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Essex on the 20th day of January, 1916, upon the decision of the court after a trial before the court without a jury. Judgment unanimously affirmed, with costs, on the opinion of Borst, J., at Trial Term.
1Opinion of the Court
The following is the opinion of Mr. Justice Borst:
Borst, J.:
The evidence sustains plaintiffs’ contention that the work and materials, the value of which they seek to recover in this action, were furnished by authority from defendant owner’s duly authorized agent and were of the value claimed. She has had the benefit of this work and these materials and should pay therefor. Her counsel urges, however, that under the pleadings and proof in this action, plaintiffs cannot have a recovery.
The complaint is insufficient for a foreclosure of the liens in that it does not state whether any other…
2Cases cited4 opinions
- Abbott v. . EastonNew York Court of Appeals · 1909
- Parker v. John Pullman & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- McDonald v. MayorAppellate Division of the Supreme Court of the State of New York · 1906
- Schwartz v. KlarAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
- Brigham v. DuanyAppellate Division of the Supreme Court of the State of New York · 1924
- Nelson v. SchrankAppellate Division of the Supreme Court of the State of New York · 1947