Valett v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph J. Baker and another, from a judgment of the County Court of Kings county in favor of the plaintiffs, entered in the office of the clerk of said county on the 15th day of April, 1908, upon the decision of the court rendered after a trial before the court without a jury.
1Opinion of the Court
Jenks, J.:
This is an appeal from a judgment of the County Court in an action to foreclose a mechanic’s lien brought against the tenants in common. One of the defendants by separate answer pleaded a counterclaim arising out of a contract between the plaintiffs and that defendant. The learned County Court found that the counterclaim could not he sustained in this action, and dismissed it without prejudice. Although the defendants had paid money into court in discharge of said lien, the character of the action was not changed. It continued as a suit in equity to enforce a mechanic’s lien.…
2Cases cited5 opinions
- American Guild v. . DamonNew York Court of Appeals · 1906
- Hunt v. . ChapmanNew York Court of Appeals · 1873
- Schillinger Fire Proof Cement & Asphalt Co. v. ArnottNew York Court of Appeals · 1897
- Cody v. Turn VereinAppellate Division of the Supreme Court of the State of New York · 1900
- Cody v. . Turn Verein of the City of New YorkNew York Court of Appeals · 1901
3Cited by5 opinions
- In re Pottier & Stymus Co.Court of Appeals for the Second Circuit · 1919
- Blose v. Havre Oil & Gas Co.Montana Supreme Court · 1934
- Harlem Plumbing Supply Co. v. HandelsmanAppellate Division of the Supreme Court of the State of New York · 1972
- Gersmann v. WalpoleAppellate Terms of the Supreme Court of New York · 1913
- LaPointe v. J.T.T. Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1989