Legal Opinion

Hervey v. Gay

Supreme Court of New Jersey

Decided March 15, 1880PublishedCited by 3 opinions

This case was certified to the Supreme Court, for its advisory opinion, from the Essex County Circuit Court, and was removed into this court by writ of error. For opinion of Supreme Court, see 12 Vroom 39.

1Opinion of the Court

The opinion of the court was delivered by

Parker, J.

An action was brought in the Circuit Court *175•of the county of Essex by Thomas Gay & Son against James B, Hervey, builder, and Harlan Smith, owner, to enforce a lien claim. Hervey and one Kercheski were tenants of the premises, and Smith was their landlord. The repairs to the building were made by Gay & Son, during the continuance of “the lease, upon request of and agreement with the tenants.

At the Circuit, a formal verdict for the plaintiffs in that ■court was directed, subject to the advisory opinion of the Supreme Court, upon the following…

2Cited by3 opinions

  1. In the Matter of Fleetwood Motel Corporation, DebtorCourt of Appeals for the Third Circuit · 1957
  2. No. 14668Court of Appeals for the Third Circuit · 1964
  3. Hughes v. DursoNew Jersey Superior Court Appellate Division · 1961

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