Ellison v. Creed
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Egbert B. Ellison and J. Hujier Ellison, composing the firm of Ellison & Co., from a judgment of the Supreme Court in - favor of the defendant, entered in the office of the clerk of the county of Queens on the 2d day of March, 1898, upon the report of a referee dismissing the complaint upon the merits in an action brought to foreclose a mechanic’s lien.
1Opinion of the Court
Woodward, J.:
The plaintiffs in this action succeeded to the business of their father, Thomas J. Ellison, a steam and hot water heating engineer, who in the fall of 1895 entered into a contract or agreement with the defendant to furnish and erect a hot water heating apparatus in her dwelling house. The boiler and radiators were put in and connected, and soon after Christmas, 1895, the fires were started and the test was .made, and so far as the evidence shows, this test was satisfactory to all concerned. Although there is some evidence that the defendant found some fault with the heating…
2Cases cited3 opinions
- Brown v. . FosterNew York Court of Appeals · 1888
- Chambers v. LancasterAppellate Division of the Supreme Court of the State of New York · 1896
- Wiles v. ProvostAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Bates v. Fish Bros.Appellate Division of the Supreme Court of the State of New York · 1900
- The VenezuelaDistrict Court, W.D. New York · 1909
- Smith v. HedgesNew York Supreme Court · 1915
- Cassady v. HortonAppellate Terms of the Supreme Court of New York · 1900