Bossert v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the plamtiffs, Louis Bossert and another, from a judgment of the Supreme Court in favor of the defendant, Adam Happel, bearing date the 27th day of May, 1903, and entered in the office of the cleric of the county of New York, upon the decision of the court rendered after a trial at the New York Special Term, dismissing the plaintiffsi complaint. , ’
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose a mechanic’s lien against one Henry E. Fox, as contractor, and the owners of certain real property situate in the city of New York. After the plaintiffs had filed their notice of' lien the respondent Happel also filed a notice of lien upon the same property. Thereafter the owners of the property upon which the liens were sought to be acquired deposited in the office, of the clerk of the county of New York a sum of money in excess of that claimed by the plaintiffs and thereupon their lien was discharged.
At the trial the only question…
2Cases cited1 opinion
- Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by9 opinions
- Pascual v. Greenleaf Park Land Co.New York Court of Appeals · 1927
- Abelman v. MyerAppellate Division of the Supreme Court of the State of New York · 1907
- Leske v. WolfAppellate Division of the Supreme Court of the State of New York · 1912
- Church E. Gates & Co. v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
- Martin v. Ambrose A. Gavigan Co.Appellate Division of the Supreme Court of the State of New York · 1905
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