Goodrich v. Board of Education
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Kendrick and Brown Company, from certain parts of a judgment of the Supreme Court, entered in the office of the clerk of the county of Washington on the 3d day of March, 1909, upon the decision of the court rendered after a trial at the Washington Trial Term before the court without a jury.
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Appeal by the defendant, Kendrick and Brown Company, from certain parts of a judgment of the Supreme Court, entered in the office of the clerk of the county of Washington on the 3d day of March, 1909, upon the decision of the court rendered after a trial at the Washington Trial Term before the court without a jury. The action is an action to. foreclose a mechanic’s lien against moneys due to a contractor upon a contract for the building of a schoolhouse in the towns of Greenwich and Easton in Washington county. By the judgment the plaintiff is allowed his claim in full. The appellant, a…
1Opinion of the Court
Smith, P. J.:
The appellant first complains that the judgment is defective in not granting to it-a deficiency judgment against Richards. With that question the board of education has no concern. It is admitted that such a judgment should have been granted and its omission is conceded to have been an oversight, caused, as it is claimed by the respondent, by the failure of the appellant to specifically call the attention of the court thereto. An order has been since granted at a Special Term amending the judgment so to provide. But the power of the Special Term is doubted. (See Union Bag & Paper…
2Cited by1 opinion
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