Maeder v. Wexler
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the City Court of the city of Hew York, made at Special Term, overruling his demurrer to a reply to the second defense contained in his answer.
1Opinion of the CourtG-iegerich, J.
The action is brought to recover the reasonable value of labor and materials furnished by the plaintiff in painting and papering a row of houses.
Prior to beginning this action, the plaintiff had sought, in an action against the defendant and others, to foreclose a mechanic’s lien against the houses in question for work and materials, including those sued for now. In that action it was expressly adjudged that there could be no recovery for the work and materials embraced in this action, for the reason that the contract had not been performed, nor substantially performed. That judgment was set…
2Cases cited6 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Kinney v. . KiernanNew York Court of Appeals · 1872
- McNutt v. HilkinsNew York Supreme Court · 1894
- Morowski v. RohrigNew York Court of Common Pleas · 1893
- Rowe v. GerryAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Water, Light & Gas Co. v. City of HutchinsonCourt of Appeals for the Eighth Circuit · 1908
- Maeder v. WexlerAppellate Division of the Supreme Court of the State of New York · 1904
- Ennis v. ParkhurstSupreme Court of Connecticut · 1914