Pierce v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the - American Bonding Company of Baltimore,- from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of New York on the 26tli day of December, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
The plaintiff filed a notice of mechanic’s lien against certain real estate belonging to the defendant Wilson, which was discharged before the commencement of this action by the giving of a bond or undertaking in accordance with subdivision 4 of section 18 of the Lien Law (Laws of 1897, chap. 418), upon which bond the appellant was surety. Subsequently the plaintiff brought this action to foreclose the lien, joining all persons interested as parties and demanding judgment that the lien be declared valid and the surety liable for the amount found due.
The bonding company demurred…
2Cases cited5 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Ringle v. MatthiessenAppellate Division of the Supreme Court of the State of New York · 1896
- Mertz v. PressAppellate Division of the Supreme Court of the State of New York · 1904
- McDonald v. MayorAppellate Division of the Supreme Court of the State of New York · 1906
- Mertz v. . PressNew York Court of Appeals · 1906
3Cited by5 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Harley v. PlantAppellate Division of the Supreme Court of the State of New York · 1912
- Amsouth Erectors, Llc v. Skaggs Iron Works, Inc.Court of Appeals of Tennessee · 2003
- In re Candee, Smith & Howland Co.Appellate Division of the Supreme Court of the State of New York · 1916
- In re Candee, Smith & Howland Co.Appellate Division of the Supreme Court of the State of New York · 1916