Villaume v. Kirchner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Henry Villaume against Albin Kirchner and another. From a judgment establishing and enforcing a mechanic’s lien, defendants appeal.
1Opinion of the CourtBischoff, J.
Notwithstanding the omission to serve the defendant Charlotte Kirchner with process, both defendants were properly before the court, as appears from the return and from the minutes of the trial; the correctness of the latter being supported by the stipulation of the parties. There was ample evidence to charge both defendants upon the contract for services, and the justice in the judgment rendered has appropriately fixed their personal liability (Code, §§ 3404, 3408), while also establishing the lien. The notice of lien, however, was defective, because of the alternative statement of the…
2Cases cited1 opinion
- Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Siegel v. EhrshowskyAppellate Terms of the Supreme Court of New York · 1905