Cunningham v. . Jones
New York Court of Appeals
Appeal from the Common Pleas of the city and county of New York. Action to recover the amount of a mechanic’s lien for materials furnished under a building contract between the defendant as owner, and one George W. Burwick, for erecting a certain addition to a brewery belonging to the defendant.
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Appeal from the Common Pleas of the city and county of New York. Action to recover the amount of a mechanic’s lien for materials furnished under a building contract between the defendant as owner, and one George W. Burwick, for erecting a certain addition to a brewery belonging to the defendant. No question arose on the preliminary proceedings or upon the pleadings, and it was conceded that if Burwick had a right of action against the defendant for the work done and materials found to the amount of the plaintiff’s claim, that the plaintiff is entitled to recover in this action. The trial was…
1Opinion of the CourtAllen, J.
This case involves one of the same questions which have been passed upon by this court in Smith v. Brady (17 N. Y., 173), and other cases there cited, and particularly McMillan v. Vanderlip, 12 J. R., 165; Reab v. Moor, 19 id., 337, (affirmed by the Court of Errors), and a similar judgment must follow unless the facts so far differ as to authorize a different result.
The refeere has found as a fact that there was a contract to erect the addition to the brewery. It was by parol, and with out any stipulation in respect to the sum to be paid or the time of payment, except that the labor was by…
2Cases cited1 opinion
- Smith v. . BradyNew York Court of Appeals · 1858
3Cited by14 opinions
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
- Gilloley v. SampsonSupreme Court of Minnesota · 1938
- Stewart v. . NewburyNew York Court of Appeals · 1917
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1887
- Huber v. St. Joseph's HospitalIdaho Supreme Court · 1905
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