Spaulding v. American Wood Board Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, John F- Spaulding and others, from a-judgment of the Supreme Court in favor of the defendant, entered in the office of-the clerk of the county of New York on the- 17th day of June, 1896, upon the decision of the court rendered after a' trial at the New York Special Term dismissing the complaint upon the merits, with notice of an intention to bring up for review upon such appeal the decision and order entered in said clerk’s office on the 11th day of…
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Appeal by the plaintiffs, John F- Spaulding and others, from a-judgment of the Supreme Court in favor of the defendant, entered in the office of-the clerk of the county of New York on the- 17th day of June, 1896, upon the decision of the court rendered after a' trial at the New York Special Term dismissing the complaint upon the merits, with notice of an intention to bring up for review upon such appeal the decision and order entered in said clerk’s office on the 11th day of June, 1896, directing the entry of said judgment.
1Opinion of the Court
Patterson, J.:
This action, to enforce a factor’s lien, was brought, apparently,, under section 1737 of the Code of Civil Procedure and the authority of Whitman v. Horton (46 N. Y. Super. Ct. 531; affd., 94 N. Y. 644). No point has been made of the right to maintain such a suit before demand of payment of the amount of the hen made upon the owner of the chattels against which the lien is sought to be enforced, and, therefore, we. do not pass upon.' that question. *238The plaintiffs were agents for the sale of goods manufactured by the ■defendant. They had two accounts on their books of their…
2Cited by2 opinions
- Spaulding v. American Wood Board Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Spaulding v. American Wood-Board Co.Appellate Division of the Supreme Court of the State of New York · 1901