Abbott v. Easton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Vasco P. Abbott, from a judgment of the County Court of-St. Lawrence county in favor of the defendant, entered in the- office of the clerk of said county on the 11th day of February, 1907, upon an order entered in said clerk’s office on the 28th day of November, 1906, dismissing the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and also from the said order directing the dismissal of the complaint.
1Opinion of the Court
Kellogg, J.:
The action was brought in County Court; the complaint contained the allegations usual in an action to recover for lumber sold and .delivered, and also that the lumber sold was used for the improvement of certain premises, describing them, and that within ginety days from the furnishing of the lumber “ plaintiff caused a notice of mechanic’s lien to be filed on said premises for the amount, * * * in the St. Lawrence County Clerk’s office,” which notice contained a description of the land, and was filed against the defendant, the owner, and asked judgment for the value stated, and…
2Cases cited3 opinions
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Bradley Currier Company v. . PacheteauNew York Court of Appeals · 1903
- McDonald v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- Jones v. DodgeAppellate Division of the Supreme Court of the State of New York · 1910
- Pearce v. Knapp, New York County Courts1911
- Schwartz v. KlarAppellate Division of the Supreme Court of the State of New York · 1911