Toop v. . Smith
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s lien as filed was valid and sufficiently stated the nature of the work and the nature of the materials furnished.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 11, 1903, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s lien as filed was valid and sufficiently stated the nature of the work and the nature of the materials furnished. (Reeves v. Seitz, 47, App. Div. 267; Vogel v. Luitweiler, 52 Hun, 184; Mahley v. German Bank of Buffalo, 52 App. Div.…
1Opinion of the CourtWebneb, J.
On the 24th day of February, 1898, the plaintiff entered into a contract with the defendant Smith, whereby the former agreed to furnish certain iron work for a building about to be erected by the latter upon the premises described in the complaint. The plaintiff entered upon the performance of this contract about April 1st, 1898. Before it had been completed, and on the 24th day of April, 1899, the defendant Smith conveyed the premises to the defendant Coope, and on the 21st day of September, 1899, Coope conveyed the premises' to the defendant Shuttlewortli, who conveyed the premises to the…
2Cases cited4 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Mahley v. . German BankNew York Court of Appeals · 1903
- McKinney v. WhiteAppellate Division of the Supreme Court of the State of New York · 1897
- McKinney v. . WhiteNew York Court of Appeals · 1900
3Cited by44 opinions
- In re James Passero & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Pascual v. Greenleaf Park Land Co.New York Court of Appeals · 1927
- Gold v. Frank Teicher, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Schenectady Contracting Co. v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Fyfe v. . Sound Development Co.New York Court of Appeals · 1923
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