Along-the-Hudson Co. v. Ayres
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Along-The-Hudson Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the lYth day of September, 1914, upon the report of a referee dismissing the complaint on the merits, and awarding to the defendant an affirmative judgment on his counterclaim in an action to foreclose a mechanic’s lien.
1Opinion of the Court
Clarke, J.:
Plaintiff and defendant entered into a contract whereby the plaintiff agreed to furnish the materials and labor and to build and erect a dwelling house on the real property described in the complaint for the defendant.
The first cause of action alleged in the complaint is for the amount of the balance alleged to be due upon said contract. The first cause of action was dismissed upon the ground that the plaintiff had failed to complete. No question is raised upon this appeal as to the propriety of such dismissal.
The second cause of action was for $1,205.52, the value of labor and…
2Cases cited5 opinions
- Woodward v. . FullerNew York Court of Appeals · 1880
- Garnsey v. . RhodesNew York Court of Appeals · 1893
- Shields v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Hedden Construction Co. v. Rossiter Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Mitchell v. . MurrayNew York Court of Appeals · 1914
3Cited by4 opinions
- American Standard, Inc. v. SchectmanAppellate Division of the Supreme Court of the State of New York · 1981
- Elias v. WrightCourt of Appeals for the Second Circuit · 1921
- McKegney v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Condello v. StockAppellate Division of the Supreme Court of the State of New York · 1955