Highton v. Dessau
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Richard Highton and others against Simon Dessau. Prom a. judgment entered on the report of a referee in favor of plaintiffs, defendant appeals. Affirmed. Argued before Bookstaver, Bischoff, and Pryor, JJ.
1Opinion of the CourtBookstaver, J.
This action was brought to foreclose a mechanic’s lien. The first question to be considered on this appeal is the one raised by respondent’s counsel, as to what was denied in the answer. Prom a careful examination of the pleadings, we are convinced he is wrong in supposing that the second paragraph of the answer, which contains a denial of the fifth and sixth allegations of the complaint, was intended to refer to distinct allegations in the various paragraphs of the complaint; but we think- the denial was intended to and did refer to the paragraphs themselves, as numbered and marked therein.…
2Cases cited8 opinions
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Doll v. . NobleNew York Court of Appeals · 1889
- Smith v. . AlkerNew York Court of Appeals · 1886
- Bowery National Bank v. Mayor of New YorkNew York Court of Appeals · 1875
- Leslie v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
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3Cited by4 opinions
- Sheffield v. EarlyNew York Supreme Court · 1893
- Scully v. United StatesDistrict Court, D. Nevada · 1912
- New York & New Haven Automatic Sprinkler Co. v. AndrewsNew York Court of Common Pleas · 1893
- Pollock v. Pennsylvania Iron Works Co.New York Court of Common Pleas · 1895