Legal Opinion

Behrer v. McMillan

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

Decided July 12, 1906PublishedCited by 9 opinions

Appeal by the plaintiffs, Martin Behrer and others, from a judgment of "the Supreme Court in favor of the defendant, the City and Suburban Homes Company, entered in the office of the clerk of the county of New York on the 16th day of April, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits,

1Opinion of the Court

Laughlin, J.:

Tliis is an action to foreclose a mechanic’s lien. The defendant City and Suburban Homes Company is the only respondent.

The respondent company was the owner of premises at the northeasterly corner of Avenue A and Seventy-eighth street, and it was erecting a tenement building thereon. The contract for the plumbing and gasfitting was let to the defendant McMillan, by whom the plaintiffs were employed as sub-contractors. The plaintiffs sold and delivered to McMillan materials and supplies of the value of $12,224.95, which were used in the performance of his contract with the owner,…

2Cases cited10 opinions

  1. John P. Kane Co. v. . KinneyNew York Court of Appeals · 1903
  2. Post v. . CampbellNew York Court of Appeals · 1881
  3. Crane Co. v. Pneumatic Signal Co.Appellate Division of the Supreme Court of the State of New York · 1904
  4. H.B.C. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1895
  5. Crane Company v. . SmytheNew York Court of Appeals · 1905

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Glens Falls Portland Cement Co. v. Schenectady County Coal Co.Appellate Division of the Supreme Court of the State of New York · 1914
  2. Wagner v. ButlerAppellate Division of the Supreme Court of the State of New York · 1913
  3. Horton v. Queens County Machinery Corp.New York Supreme Court · 1917
  4. Hudson River Blue Stone Co. v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1911
  5. Maycumber v. WolfeNew York Supreme Court · 1958

4 more not listed; retrieve them via the Exa API.

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