Wood Manufacturing & Realty Co. v. Johnstone
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Wood Manufacturing and Realty Company of Long Island, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the comity of Nassau on the 8th day of March, 1911, upon the dismissal of the complaint by direction of the court at the opening’ of the case on a trial at the New York Special Term.
1Opinion of the Court
Jenks, P. J. :
At the beginning. of the trial the Special Term granted a motion, made by those defendants who were the owners of the realty, to dismiss the complaint for failure ;to state a cause of action. The complaint comprises two counts, first, for the foreclosure of a mechanic’s lien, and, second', for a personal judgment against the defendant Johnstone upon his writing. In the first count the plaintiff declares as a Isub-contractor, but fails to allege that at the time the lien wasj filed or thereafter any sum of money was due from the owners to the contractor. I think that this was a…
2Cases cited8 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Abbott v. . EastonNew York Court of Appeals · 1909
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Ball & Wood Co. v. Jonathan Clark & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mayer v. Delson Holding Corp.New York Supreme Court · 1931
- Lehmann v. Kingston Plaza, Inc.New York Supreme Court · 1964
- Ranieri v. BrandenburgAppellate Division of the Supreme Court of the State of New York · 1922