Legal Opinion

Fox v. Davidson

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 1906PublishedCited by 2 opinions

Appeal by the defendant, Isaac Davidson, from a judgment of . the Supreme Court in favor of the plaintiff, entered in the office of" the cleric:bf the county of" New York on.the 20th day of June, 1905, upon the decision of the court rendered after a trial at the ■ New York Special Term. "

1Opinion of the Court

Laughlin, J.:

This is an action to foreclose a mechanic’s lien. It is said to have been before'this court in one phase or another six times, and attention is drawn to three opinions on appeal herein (Fox v. Davidson, 36 App. Div. 159; 40 id. 620; Davidson v. Fox, 65 id. 262). The law of the case under the amended complaint is well settled. We do not deem it important on this appeal to review either the facts or the law on the main issues for the reason that the trial involved the application of facts found to the settled principles of law with respect to _ the right to recover in such an…

2Cases cited3 opinions

  1. Excelsior Terra Cotta Co. v. . HardeNew York Court of Appeals · 1905
  2. Fox v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1899
  3. Excelsior Terra Cotta Co. v. HardeAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by2 opinions

  1. Farnham v. California Safe Deposit & Trust Co.California Court of Appeal · 1908
  2. Zimmermann v. LoftAppellate Division of the Supreme Court of the State of New York · 1908

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