Vitelli v. May
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward Johnson and another, frbm an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings ■ on the 21st day of February, 1907, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling their demurrer to the complaint.
1Opinion of the Court
Woodward, J.:
The plaintiff brings this action to foreclose a mechanic’s lien, and has made. Johnson and Slocum, the sureties upon a bond given for the purpose: of having the lien discharged, parties defendant. These defendants have demurred to the complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and the learned' court at Special Term has overruled the demurrer.. The said defendants appeal to this court.
The undertaking executed by the defendants Johnson and Slocum, and referred to in the complaint, is conditioned for the. payment of any…
2Cases cited4 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Bradley & Currier Co. v. PacheteauAppellate Division of the Supreme Court of the State of New York · 1902
- Woolf v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1905
- Parsons v. MosesAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by9 opinions
- Barrett v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1914
- Schwartz v. LewisAppellate Division of the Supreme Court of the State of New York · 1910
- Atlantic Terra Cotta Co. v. Rubenfield Construction Corp.New York Supreme Court · 1926
- J. V. Vrooman Sons Co. v. PierceAppellate Division of the Supreme Court of the State of New York · 1917
- Romanik v. RapoportAppellate Division of the Supreme Court of the State of New York · 1912
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