Schnaier v. Nathan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pinkus Nathan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New Fork on the 16th day of February, 1898, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Patterson, J.:
The judgment in this ease must be reversed upon the ground that the recovery was had upon a different canse of action from that set out in the complaint. The evidence establishing the cause of action on which the recovery was had was objected to and admitted under the defendant’s exception. The action was brought to foreclose a mechanic’s lien for a balance alleged to be due to the plaintiff on a contract for plumbing work done in and materials furnished for a house being constructed for the defendant. The allegation of the *226complaint is that the contract was performed, and the…
2Cases cited3 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- La Chicotte v. Richmond Railway & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Elting v. DaytonNew York Supreme Court · 1892
3Cited by12 opinions
- Gatling v. Central Spar VereinAppellate Division of the Supreme Court of the State of New York · 1901
- Rowe v. GerryAppellate Division of the Supreme Court of the State of New York · 1903
- Brandt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Hecla Iron Works v. HallAppellate Division of the Supreme Court of the State of New York · 1906
- Scheurer v. MonasiiAppellate Terms of the Supreme Court of New York · 1902
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