Cody v. Turn Verein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Joseph W. Oody and another, copartners under the firm name of Joseph W. Oody & Co., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 28th day of July, 1899, upon the report of a referee.
1Opinion of the Court
Ernest Hall, Referee :
The plaintiffs seek by this action to foreclose a mechanics' lien filed by them against the real estate of the Turn Yerein of the city of New York for a balance due them under a sub-contract with the defendants John Weber’s Sons, who were the principal contractors with the Turn Yerein for the erection of a building on the lands affected by the lien; the surety company is made a party to the action by reason of having furnished a bond to discharge the lien. *280There is practically no dispute between the parties as to the performance by plaintiffs of the work required under…
2Cases cited2 opinions
- Holden v. GilbertNew York Court of Chancery · 1838
- Irving v. De KayNew York Court of Chancery · 1843
3Cited by3 opinions
- Valett v. BakerAppellate Division of the Supreme Court of the State of New York · 1908
- George F. Root Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Richman v. City of New YorkNew York Supreme Court · 1915