Uvalde Asphalt Paving Co. v. Morgan Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Morgan Contracting Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27th day of November, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, sustaining the plaintiff’s demurrer to the counterclaim in said defendants’ amended answer.
1Opinion of the Court
Hooker, J.:
The action is to forclose a mechanic’s lien and for a personal judgment against the appellants. The defendant Morgan Contracting Company entered into a contract with the Bealty Associates for the erection of certain buildings, and sublet .the work to the plaintiff. The plaintiff filed a lien for the amount claimed to be unpaid and due, and the defendant Metropolitan Surety Company was the surety upon the undertaking given to discharge the lien. The counterclaim alleges the contract and ■ the sub-contract, and avers that after the plaintiff had entered upon the performance of the…
2Cases cited2 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Haupt v. AmesAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Bloom v. SuttonAppellate Division of the Supreme Court of the State of New York · 1917