Hilton Bridge Const. Co. v. Gouverneur & O. R.
New York Supreme Court
Appeal from special term, St. Lawrence county. Action by the Hilton Bridge Construction Company against the Gouverneur & Oswegatchie Railroad Company and the New York Central & Hudson River Railroad Company to foreclose a mechanic’s lien. From a judgment entered on an order sustaining defendants’ demurrer to the. supplemental complaint to bring in other parties defendant, plaintiff appeals. Reversed.
1Opinion of the CourtHerrick, J.
This is an equitable action for the foreclosing of a mechanic’s lien. The defendant the New York Central & Hudson River Railroad Company heretofore made a motion to have the *977defendant Louis Marshall made a party to this action. The motion was granted. An appeal was taken therefrom, which was ultimately passed upon by the court of appeals in 145 N. Y. 390, 40 N. E. 86, where a full statement of facts of the action are set forth; and it was there held that the defendant Marshall was at least a proper, if not a necessary, party, as the assignee of the original contractor in the case. Thereafter…
2Cases cited2 opinions
- Frost v. . KoonNew York Court of Appeals · 1864
- Bloomer v. . SturgesNew York Court of Appeals · 1874
3Cited by4 opinions
- Munson v. New York Central & Hudson River RailroadNew York Supreme Court · 1900
- Vought v. LevinAppellate Division of the Supreme Court of the State of New York · 1911
- Munson v. New York Central & Hudson River RailroadNew York Supreme Court · 1900
- Tobenkin v. PiermontAppellate Terms of the Supreme Court of New York · 1909