Aeschlimann v. . Presbyterian Hospital
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1898, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 10, 1898, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in holding that the sureties were at liberty to defend the action as fully as the contractors might have done if they had not made default. (Ward v. Kilpatrick, 85 N. Y. 413; Morton v. Tucker, 145 N. Y. 244; Ringler v. Matthiessen,…
1Opinion of the CourtMartin, J.
This was in form an action to foreclose a mechanic’s lien filed by the plaintiffs as sub-contractors under the defendants Smyth and Eobinson, the original contractors with the Presbyterian Hospital. It was, in fact, an action upon a bond given to procure a discharge of the plaintiffs’ lien, in which the defendants Smyth and Eobinson were principals and the defendants Dunn and Hutkoff were sureties.
The lien was to secure payment for work and materials performed and furnished by the plaintiffs upon property owned by the hospital. It was based upon an agreement between the original contractors…
2Cases cited13 opinions
- Gibbs v. HanchetteMichigan Supreme Court · 1892
- Jones v. KeenMassachusetts Supreme Judicial Court · 1874
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
- Rose v. Persse & Brooks Paper WorksSupreme Court of Connecticut · 1860
- Foster v. SchneiderNew York Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Harley v. . PlantNew York Court of Appeals · 1914
- Ettlinger v. . National Surety Co.New York Court of Appeals · 1917
- Goodman v. Del-Sa-Co Foods, Inc.New York Court of Appeals · 1965
- Banker's Trust Co. v. SteenburnNew York Supreme Court · 1978
- Brescia Construction Co. v. Walart Construction Co.New York Court of Appeals · 1934
29 more not listed; retrieve them via the Exa API.