Vandegrift v. Bertron
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Samuel R. Bertron and Richard S. Storrs, composing the firm of Bertron & Storrs, and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Chautauqua on the 31st day of July, 1902, upon the decision of the court, rendered after a trial at the Chautauqua Special Term, overruling said defendants’ demurrers to the plaintiff’s complaint.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs, with leave to the defendants to plead over upon payment of the costs of the demurrers and of this appeal.
The action is to enforce a mechanic’s lien upon the property of the railroad companies, defendants. The lien is for work, labor and materials furnished in the construction of a railroad. Personal judgment is demanded against the other defendants who are called a “ Syndicate,” and who originally made the contracts with the plaintiff for the construction of the railroad.
The lien is for two claims, one for $49,597.24, balance due under…
2Cases cited4 opinions
- Gay v. . SeiboldNew York Court of Appeals · 1884
- Sinnott v. . German-American BankNew York Court of Appeals · 1900
- Taylor v. Bell & Bogart Soap Co.Appellate Division of the Supreme Court of the State of New York · 1897
- McLean v. WohltjenAppellate Terms of the Supreme Court of New York · 1899
3Cited by4 opinions
- Doyle v. ShuttleworthNew York Supreme Court · 1903
- Burns v. CassattNew York Supreme Court · 1932
- Hopp v. McWhirterAppellate Terms of the Supreme Court of New York · 1907
- Smith v. CaryAppellate Division of the Supreme Court of the State of New York · 1914