Legal Opinion

Hackett v. Campbell

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

Decided December 15, 1896PublishedCited by 14 opinions

Appeal by the plaintiffs, William F. Lawrence and another, from so much of a judgment of the Supreme Court in favor of the defendant Henry C. Fischer, entered in the office of the clerk of the county of Westchester on the 19th day of May, 1896, upon the decision of the court, rendered after a trial at the Westchester Special Term, as adjudges that the defendants, The Board of Education in the City of Yonkers, pay to Henry C. Fischer, or his attorney, the sum of $1,516. This…

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Appeal by the plaintiffs, William F. Lawrence and another, from so much of a judgment of the Supreme Court in favor of the defendant Henry C. Fischer, entered in the office of the clerk of the county of Westchester on the 19th day of May, 1896, upon the decision of the court, rendered after a trial at the Westchester Special Term, as adjudges that the defendants, The Board of Education in the City of Yonkers, pay to Henry C. Fischer, or his attorney, the sum of $1,516. This action, was brought to obtain an adjudication: “ 1st. That tiie plaintiffs have a valid claim and lien upon the money…

1Opinion of the Court

Brown, P. J.:

The board of education of the city of Yonkers entered into a contract with John C. Campbell and others for the erection of a school house, whereby Campbell agreed to furnish the materials for and do all the mason work thereon, for which he was to receive a total payment of $18,775. He also had three other smaller contracts with said board for certain other work. The court found that, after deducting all payments, there was due to Campbell in full for all his contracts the sum of $7,719. Three separate actions were brought by certain sub-contractors to foreclose mechanics’ liens…

2Cases cited2 opinions

  1. Burck v. TaylorSupreme Court of the United States · 1894
  2. Fortunato v. . PattenNew York Court of Appeals · 1895

3Cited by14 opinions

  1. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  2. Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
  3. McGown v. DalzellCalifornia Court of Appeal · 1925
  4. McKay v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
  5. Brewster v. City of HornellsvilleAppellate Division of the Supreme Court of the State of New York · 1898

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