Legal Opinion

Clapper v. Strong

New York Supreme Court

Decided July 15, 1903PublishedCited by 2 opinions

Demurrer by the defendant the Village of Nassau to the complaint, and by the plaintiff to one of .the defenses contained in the answer of .the defendant Strong.

1Opinion of the CourtCochrane, J.

The action is to foreclose a mechanic’s lien. The complaint does not set forth facts sufficient to constitute a cause of action against the defendant the village of Nassau. Stripped of legal conclusions and of the allegations in reference to the notice of the alleged lien, the complaint alleges merely that the defendant Strong entered into an agreement with the defendant the village of Nassau, to construct for the latter a water system and reservoir, which contract has been partially completed and that the plaintiff entered into an agreement with the defendant Strong to perform certain labor…

2Cases cited5 opinions

  1. Terwilliger v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903
  2. Scerbo v. SmithNew York Supreme Court · 1896
  3. Breuchaud v. Mayor of New YorkNew York Supreme Court · 1891
  4. Watrous v. ElmendorfNew York Court of Common Pleas · 1878
  5. Drennan v. Mayor of New YorkNew York Court of Common Pleas · 1895

3Cited by2 opinions

  1. Clapper v. StrongAppellate Division of the Supreme Court of the State of New York · 1904
  2. Freidenrich v. CondictAppellate Division of the Supreme Court of the State of New York · 1908

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