Legal Opinion
Heagney v. Hopkins
City of New York Municipal Court
Decided February 15, 1898Published
Appeal from a judgment rendered by the court, dismissing the complaint of the plaintiff, on the merits.
1Opinion of the CourtSchuchman, J.
The cause of action set forth in the complaint is a liability against sureties on a bond, given by contractors, the defendants, Hopkins and Eoberts, to discharge a mechanic’s lien. The condition of the bond is as follows:
“ If Hopkins and Eoberts shall well and truly pay any and all judgments, which may be rendered against said property in favor of said Eugene F. Heagney, in an action' to enforce his alleged lien, then the obligatiop. shall be void, otherwise to remain in full force and virtue.”
The complaint further alleges that on October 24, 1896, the defendants, Hopkins and Eoberts, brought…
Also in this document: Concurrence.
2Cases cited4 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Place v. . HaywardNew York Court of Appeals · 1889
- Ringle v. MatthiessenAppellate Division of the Supreme Court of the State of New York · 1896
- Reilly v. PoerschkeAppellate Terms of the Supreme Court of New York · 1897