Barrett v. Schaefer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Hudson Trust Company, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 22d day of May, 1913, upon the decision of the court after a trial at the Westchester Special Term.
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Appeal by the defendant, Hudson Trust Company, from a judgment of the Supreme Court in favor of the plaintiff and certain of the defendants, entered in the office of the clerk of the county of Westchester on the 22d day of May, 1913, upon the decision of the court after a trial at the Westchester Special Term. Appeal by the plaintiff and certain of the defendants from so much of said judgment as sustains the lien of the defendant the Traitel Marble Company, and decrees that the same be paid out of the proceeds of the sale of the property against which the liens of the various parties were…
1DissentJerks, P. J.
I dissent in part. I think that the controlling policy of consideration was well expressed by Bartlett, J., in Lemmer v. Morison (89 Hun, 279): “As these are matters of purely statutory creation and regulation, it seems to me that a strict adherence to the letter of the law is more conducive to justice than a looser construction with the uncertainties which it would necessarily involve.” The express requirement of a statute cannot be dispensed with because ‘£ the particular advantage or object” of a requirement is not “readily apparent.” (See Mahley v. German Bank, 174 N. Y. 501.) And the…
2Cases cited7 opinions
- Toop v. . SmithNew York Court of Appeals · 1905
- Mahley v. . German BankNew York Court of Appeals · 1903
- Bradley Currier Company v. . PacheteauNew York Court of Appeals · 1903
- Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
- New Jersey Steel & Iron Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1903
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