Legal Opinion

Streever Lumber Co. v. Mitchell & Congregation of Sharra Tfille

Appellate Division of the Supreme Court of the State of New York

Decided May 8, 1918PublishedCited by 2 opinions

Appeal by the plaintiff, Streever Lumber Company, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of Saratoga county on the 15th day of May, 1917, as dismisses the complaint upon the merits and directs that the hen filed by plaintiff against the property of the defendant the Congregation of Sharra Tfille be discharged and awards costs to said defendant against the plaintiff.

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Appeal by the plaintiff, Streever Lumber Company, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of Saratoga county on the 15th day of May, 1917, as dismisses the complaint upon the merits and directs that the hen filed by plaintiff against the property of the defendant the Congregation of Sharra Tfille be discharged and awards costs to said defendant against the plaintiff. The judgment was entered upon the decision of the court after a trial at the Saratoga Trial Term before the court without a jury

1Opinion of the Court

Woodward, J.:

This is an action to foreclose a mechanic’s lien, and the appeal is from so much of the judgment as dismisses the complaint against the Congregation of Sharra Tfille. Briefly, the defendant Bert Mitchell took a contract for the construction of a small addition to the house of worship occupied by the Congregation of Sharra Tfille in Saratoga Springs, for the sum of $1,000, he to furnish materials and labor. Mitchell bought materials for the job from the plaintiff to the value of $395.26, subject to some small credits. The plaintiff, a corporation, through one of its officers,…

2Cases cited1 opinion

  1. Glens Falls Portland Cement Co. v. Schenectady County Coal Co.Appellate Division of the Supreme Court of the State of New York · 1914

3Cited by2 opinions

  1. J. W. Van Cott & Son v. GallonNew York County Court, Delaware County · 1937
  2. 3-G Servs. Ltd. v. SAP V/Atlas 845 WEA Assoc. NF L.L.C.Appellate Division of the Supreme Court of the State of New York · 2018

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