Armstrong v. Borden's Condensed Milk Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from, special term, Kings county. Action by James Armstrong against the Borden’s Condensed Milk Company and others to foreclose a mechanic’s lien. From a judgment in favor of plaintiff, the Otto E. Reimer Company appeals.
1Opinion of the CourtWoodward, J.
There is no dispute as to the facts in this case. In August, 1899, the defendant Borden’s Condensed Milk Company, being the owner of the land described in the complaint, contracted in writing with the defendant Robinson, under his business name of Robinson & Wallace, for the construction of a building thereon. The defendant (appellant) Otto E- Reimer Company was a subcontractor under this contract, and furnished to Robinson materials for the building of the value of §>2,799.54, no part of which has been paid. The plaintiff, Armstrong, was also a subcontractor under Robinson, and furnished…
2Cases cited5 opinions
- Warner v. . JaffrayNew York Court of Appeals · 1884
- Bates v. Salt Springs National BankNew York Court of Appeals · 1898
- Dutchess County Mutual Insurance v. Van WagonenNew York Court of Appeals · 1892
- McIlhargy v. . ChambersNew York Court of Appeals · 1889
- Franey v. . SmithNew York Court of Appeals · 1890
3Cited by3 opinions
- In re RoeberCourt of Appeals for the Second Circuit · 1902
- In re RoeberDistrict Court, E.D. New York · 1902
- In re Interstate Paving Co.District Court, N.D. New York · 1912