Hawkins v. Mapes-Reeve Construction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1903, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The notice of lien was improperly filed, and there can he no recovery against the surety.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1903, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The notice of lien was improperly filed, and there can he no recovery against the surety. (Bell v. Mayor, etc., 105 N. Y. 139 ; Y. P. Co. v. Bd. of Education, 15 Misc. Rep. 58 ; Foster v. Schneider, 50 Hun, 151 ; Davidsburgh v. K., etc., Co., 90 N. Y. 526 ; Morton v. Tucker, 145…
1Opinion of the Court
íVebnejb, J.
The plaintiffs, as sub-contractors under the Mapes-Reeve Construction Company, agreed to furnish all the materials and labor for the iron and steel work that was to go into an addition to Grouverneur Hospital, in the city of Hew York, at the price of $13,400. It is conceded that this sub-contract was never fully performed by the plaintiffs, but they claim that it was unjustifiably terminated by the MapesReeve Construction Company, while the latter contends that the plaintiffs abandoned the work without cause. The plaintiffs filed a notice of lien which was later discharged upon…
2Cases cited1 opinion
- Ostrom v. . GreeneNew York Court of Appeals · 1900
3Cited by26 opinions
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- Race v. . KrumNew York Court of Appeals · 1918
- Harley v. . PlantNew York Court of Appeals · 1914
- Milliken Bros., Incorporated v. . City of N.Y.New York Court of Appeals · 1911
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