Taylor v. Dutcher
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Action by John B. Taylor against Charles W. Dutcher, James Y. Lawrence, and another. From an order overruling defendant Lawrence’s exceptions to the report of a referee, he appeals.
1Opinion of the CourtJerks, J.
This is an appeal from an order of the special term confirming the report of a referee in surplus proceedings supplemental to a sale of the premises of Dutcher under foreclosure of his mortgage to Taylor for $5,000. There are three claimants, of whom only Mr. Lawrence appeals. His claim is based upon a mechanic’s lien for $605, filed July 28, 1898. In October, 1898, Mr. Lawrence’s firm and George I. Roberts & Bros., Incorporated, executed and delivered to Dutcher the following:
“We, the undersigned, creditors of and lienors against Charles W. Dutcher and his building at Tuckahoe, hereby…
2Cases cited1 opinion
- Ellis v. SalomonAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Gibson v. Koutsky-Brennan-Vana Co.Nebraska Supreme Court · 1943