Kleinman v. Auerbach
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the City Court of the city of New York in favor of defendant, which, in effect, overruled plaintiff’s demurrer to defendant’s separate defense.
1Opinion of the CourtBijur, J.
Plaintiff sues for work done in constructing a building. He alleges that defendant and an associate were mortgagees under both a first mortgage and a “second mortgage or building loan; furthermore, “ that defendant * * * was interested in the performance and progress of the work * * * as said work tended to and did enhance the value of said premises,” etc.
*437Plaintiff, having made an agreement with the owner to do. the construction work, declined to go on, when certain payments became- in arrears. Thereupon defendant promised that, if plaintiff would resume the work and complete it and abstain…
2Cases cited7 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Mallory v. . GillettNew York Court of Appeals · 1860
- Raabe v. . SquierNew York Court of Appeals · 1895
- Brookline National Bank v. MoersAppellate Division of the Supreme Court of the State of New York · 1897
- Mechanics & Traders' Bank v. StettheimerAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Levitt v. GriswoldNew York Supreme Court · 1914
- Windsor Const. Co. v. RulandNew York Supreme Court · 1914