Tisdale Lumber Co. v. Droge
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Tisdale Lumber Company, from an order of the County Court of Queens county, entered in the office of the clerk of said county on the 19th day of June, 1911, vacating an order requiring the defendant Droge to submit to an examination before trial.
1Opinion of the Court
Rich, J.:
The defendants Etherington and Ross entered into a contract with the defendant Droge for the erection of a dwelling house. Plaintiff’s- assignor, Tisdale, furnished lumber to the contractors' which was used in the building, and has filed a mechanic’s lien for the unpaid balance of the purchase price. He also sued Etherington and Ross at law for. this lumber and obtained a money judgment. Tisdale later assigned both the lien and judgment to the plaintiff, who also acquired by assignment the claim of Etherington and Ross against Droge for material and labor. Etherington and Ross failed…
2Cases cited5 opinions
- Goldmark v. U. S. Electro-Galvanizing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Shonts v. ThomasAppellate Division of the Supreme Court of the State of New York · 1907
- Martin v. FlahiveAppellate Division of the Supreme Court of the State of New York · 1906
- McKeand v. LockeAppellate Division of the Supreme Court of the State of New York · 1906
- Curran v. OppenheimerAppellate Division of the Supreme Court of the State of New York · 1911
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