Toher v. Schaefer
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment for the plaintiff rendered in the Municipal Court of the city of Hew York, second district, borough of The Bronx. Action by a subcontractor against the contractor to recover the compensation agreed upon under a contract calling for the removal of earth and rock necessary to the erection of a library building.
1Opinion of the CourtBischoff, J.
The complaint was framed as in an action to foreclose a mechanic’s lien claimed by the plaintiff upon a fund to which it was alleged the defendant Schaefer was entitled under a building contract with the city of New York. Upon the trial, however, the claim of a lien was. abandoned, and the action proceeded as one to recover the agreed compensation for certain work, labor and services which the plaintiff claimed to have performed under a contract with *619the defendant Schaefer. The latter denied the performance of the work and interposed a counterclaim for damages alleged to have resulted from…
2Cases cited1 opinion
- Tipton v. . FeitnerNew York Court of Appeals · 1859
3Cited by4 opinions
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Crawford v. Surety Investment Co.Supreme Court of Kansas · 1914
- Towers v. DoroshawNew York Supreme Court · 1957
- Toher v. SchaeferAppellate Terms of the Supreme Court of New York · 1906