Hilton Bridge Construction Co. v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 12, 1895, which affirmed an order of Special Term directing plaintiff, by supplemental summons and complaint, to bring in other parties defendant. The nature of the action and the facts, so far as material, are stated in the opinion. No judgment of any sort can be rendered in this action in favor of the plaintiff against any of the parties whom the order brings in.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 12, 1895, which affirmed an order of Special Term directing plaintiff, by supplemental summons and complaint, to bring in other parties defendant. The nature of the action and the facts, so far as material, are stated in the opinion. No judgment of any sort can be rendered in this action in favor of the plaintiff against any of the parties whom the order brings in. (Post v. Campbell, 83 N. Y. 279; Laws of 1885, chap. 342, §8; Whitney v. McKinney, 7 Johns. Ch. 147.) No one need be made a…
1Opinion of the CourtPeckham, J.
This is an equitable action to foreclose a mechanic’s lien brought by the plaintiff, the Hilton Bridge Construction Company, against the Gouverneur and Oswegatchie Railroad Company and the New York Central and Hudson River Railroad Company and Benjamin E. Sherman and Ike Kinne, the two latter being subsequent lienors. The Central Hudson made a motion at Special Term to have the receivers of the Moffett, Hodgkins and Clarke Company and Mr. Louis Marshall, as assignee of the same company, and also Messrs. Conger and Orvis, attorneys of the same company, made parties defendant. The motion was…
2Cases cited2 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Post v. . CampbellNew York Court of Appeals · 1881
3Cited by6 opinions
- Martirano Construction Corp. v. Briar Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Merchants' National Bank v. HagemeyerAppellate Division of the Supreme Court of the State of New York · 1896
- Caltrider v. IsbergCourt of Appeals of Maryland · 1925
- Strober Bros. v. Kitano Arms Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Brooklyn Cooperage Co. v. A. Sherman Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1916
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