Drennan v. Mayor of New York
New York Court of Common Pleas
Action by William Drennan against the mayor, etc., of the city of New York and others, impleaded with William J. Martin and Hewitt Boyce, to foreclose a mechanic’s lien.
Read the full summary
Action by William Drennan against the mayor, etc., of the city of New York and others, impleaded with William J. Martin and Hewitt Boyce, to foreclose a mechanic’s lien. Defendants Martin and Boyce demur to the complaint on the ground that it does not comply with Laws 1882, c. 410 (Consolidation Act), § 1824, by setting out the terms of the contract between defendant city and defendant Martin, the contractor, and the amount due the contractor thereunder at the commencement of the action. Overruled.
1Opinion of the CourtBischoff, J.
This is an action brought by a subcontractor to foreclose a mechanic’s lien. The demurrant Martin was the principal contractor, and the demurrant Boyce was joined because claiming some interest in and lien upon the fund in the hands of the corporation defendant, upon which fund the foreclosure is sought. The last-named defendant has interposed an answer upon the merits. The portion of the complaint involved in the present discussion follows:
“Second. Upon information and belief the plaintiff further alleges that on or about the 12th day of June, 1894, a contract was entered into between the…
2Cases cited1 opinion
- Breuchaud v. Mayor of New YorkNew York Supreme Court · 1891
3Cited by2 opinions
- Scerbo v. SmithNew York Supreme Court · 1896
- Clapper v. StrongNew York Supreme Court · 1903