McLean v. Sexton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George II. Sexton, from an interlocutory judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of July, 1899, overruling the said defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 23d day of June, 1899, overruling said «demurrer upon the grounds (1) that causes of action have been improperly united in the…
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Appeal by the defendant, George II. Sexton, from an interlocutory judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 14th day of July, 1899, overruling the said defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 23d day of June, 1899, overruling said «demurrer upon the grounds (1) that causes of action have been improperly united in the complaint; (2) that the causes of action do not affect both defendants; and (3) that the complaint does not state facts…
1Opinion of the Court
Willard Bartlett, J.:
This is an action to foreclose a mechanic’s lien. The complaint alleges that the plaintiff, at the request of the defendant George H. Sexton, who was then in possession of the premises described therein, furnished material and made alterations and repairs upon the buildings on said premises, for which work and material a balance of $527.15 is still due to the plaintiff; that the defendant Lydia A. Chapman is and was at the time the owner of the premises, and the defendant George H. Sexton was the lessee of said premises and the undisclosed agent of said Lydia A. Chapman;…
2Cases cited2 opinions
- Cobb v. . KnappNew York Court of Appeals · 1877
- Booth v. BarronAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by12 opinions
- Joseph Denunzio Fruit Co. v. CraneDistrict Court, S.D. California · 1948
- Gay v. KelleySupreme Court of Minnesota · 1909
- Kirkpatrick v. San Angelo Nat. BankCourt of Appeals of Texas · 1912
- Tew v. WolfsohnAppellate Division of the Supreme Court of the State of New York · 1902
- Barrell v. NewbyCourt of Appeals for the Seventh Circuit · 1904
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