Smith v. Lange
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Moore Smith, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 28th day of January, 1902, upon the report of a referee, as directs the payment of various sums to certain of. the defendants herein.
1Opinion of the Court
Ingraham, J.:
This action was to foreclose a mechanic’s lien. Other material-men, who had filed liens upon the property, were made defendants and interposed answers claiming as against the plaintiff that their liens were entitled to a preference. The referee found that there was due and owing from the defendant Schile, the owner of the building, the sum of $4,446.40, with interest; that the defendants Hough, Pfotenhauer and Dyer had filed liens affecting the premises; that these defendants were entitled to be paid the amount due upon their respective liens out of the amount due from Schile,…
2Cases cited2 opinions
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Stevens v. . OgdenNew York Court of Appeals · 1891
3Cited by5 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- MacDonald, Etc. v. Calumet Supply Co.Indiana Supreme Court · 1939
- Martin v. FlahiveAppellate Division of the Supreme Court of the State of New York · 1906
- Audley Clarke Co. v. W. F. Plass & Bro.New York Supreme Court · 1918
- Winter v. Hazen-Latimer Co.District of Columbia Court of Appeals · 1914