Sears v. Wise
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William R. Wise, as trustee of Russell & Birkett, bankrupts, and another, from a judgment- of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tates on the. 2d day of Rovember, Í899, upon the decision of the court rendered after a trial at the Tates Special Term.
1Opinion of the Court
Laughlin, J.:
This is an action to foreclose a mechanic’s lien. Shortly prior to the 12th day of March, 1899, plaintiff delivered to'the firm'of Russell & Birkett, at Penn Yan, N. Y., certain milling machinery, ■pursuant to a contract by which said firm agreed to pay‘therefor the sum of $1,853. The agreement provided that the purchasers were to install the machinery and. that plaintiff should thereafter .supervise starting and adjusting it. A feed mill of the value of $325, being part of said machinery, was put in operation, adjusted .and accepted during said month of March. The other…
2Cases cited9 opinions
- Eyster v. GaffSupreme Court of the United States · 1876
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Reed v. McIntyreSupreme Court of the United States · 1879
- In re BeisenthalU.S. Circuit Court for the District of Northern New York · 1877
- In re DeyU.S. Circuit Court for the District of Southern New York · 1872
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3Cited by9 opinions
- Giant Portland Cement Co. v. . StateNew York Court of Appeals · 1922
- Fry v. P. Bannon Sewer Pipe Co.Indiana Supreme Court · 1913
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- Walar v. RechnitzAppellate Division of the Supreme Court of the State of New York · 1908
- Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906
4 more not listed; retrieve them via the Exa API.