Kenney v. . Apgar
New York Court of Appeals
Appeal by defendants Apgar and Pedersen. from a judgment of the General Term of the City Court of Brooklyn, which modified, and affirmed as modified, a judgment in favor of plaintiffs, and of the other defendants, entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the material facts are stated in the opinion.
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Appeal by defendants Apgar and Pedersen. from a judgment of the General Term of the City Court of Brooklyn, which modified, and affirmed as modified, a judgment in favor of plaintiffs, and of the other defendants, entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the material facts are stated in the opinion. The equitable assignments of portions of the $1,300 fund, amounting to $659, which precede the plaintiffs’ claim, are entitled to be first deducted from the fund. (Young Stone Dressing Company v. Wardens of St. Jamesʼ Church, 61 Barb. 489:…
1Opinion of the CourtAndrews, J.
This is a proceeding to foreclose a mechanic's lien, under chapter 478, of the Laws of 1862. The case shows that in November, 1878, the defendant Pedersen, then owner of certain lots in the city of Brooklyn, entered into a contract with the defendants Leonard and Ebury to complete certain buildings thereon and to make certain improvements, including the flagging of a sidewalk in front of the premises, for which she agreed to pay the contractors the sum of $5,100, the payments to be made as the work progressed. The plaintiff" under a contract with Leonard and Ebury furnished the flagging for…
2Cases cited3 opinions
- Moran v. . ChaseNew York Court of Appeals · 1873
- Tower v. WhiteNew York Court of Chancery · 1843
- Beekman v. GibbsNew York Court of Chancery · 1840
3Cited by52 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Matter of KingNew York Court of Appeals · 1901
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
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