Clarke v. Koeppel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bertha Glass, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the comity of Kings on the 24th day of January, 1906, upon the decision .of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Jenks, J.:
This is an action to foreclose a mechanic’s lien, brought, by a sub-contractor against Koeppel Brothers, contractors, and Glass, the owner of the premisos. The. building which was the -subject of ■ the contract was destroyed by fire before completion'. The trial *459proceeded upon the concession that if Koeppel Brothers could not recover against Glass, the plaintiff could not. Koeppel Brothers by amendment at the trial pleaded : “On said 21st day of April, 1905, while said store or ground floor was in the exclusive possession and under the exclusive control of defendant Glass, a fire…
2Cases cited6 opinions
- Stewart v. . StoneNew York Court of Appeals · 1891
- Ruppert v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1897
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hardebeck, Etc. v. City of AndersonIndiana Court of Appeals · 1965
- Clarke v. KoeppelAppellate Division of the Supreme Court of the State of New York · 1909