Schummer v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary R. Schummer, from a judgment of the County Court of Erie county in favor of the defendant Mary Clark, entered in the office of the clerk of the county of Erie on the 30th day of March, 1904, upon the decision of the court, rendered after a trial before the court without a jury, dismissing the complaint as to the defendant Mary Clark. The action was commenced to foreclose a mechanic’s lien upon property owned by the defendant Mary Clark.
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Appeal by the plaintiff, Mary R. Schummer, from a judgment of the County Court of Erie county in favor of the defendant Mary Clark, entered in the office of the clerk of the county of Erie on the 30th day of March, 1904, upon the decision of the court, rendered after a trial before the court without a jury, dismissing the complaint as to the defendant Mary Clark. The action was commenced to foreclose a mechanic’s lien upon property owned by the defendant Mary Clark. The materials were furnished at the request of the defendant Albert B. Clark, the husband of the defendant Mary, and were…
1Opinion of the Court
Spring, J.:
In 1901 the defendant Mary Clark owned premises in the village of Hamburg, county of Erie, and a dwelling house was erected thereon during that year. The plaintiff, a hardware dealer, furnished at the request of the husband a quantity of hardware for the house, did plumbing work and installed a furnace therein and within ninety days after furnishing the materials and the completion of the work filed a mechanic’s lien against the property. The respondent claims that the property is not subject to the lien, alleging ’ that the proof does not show that the husband acted for her or…
2Cases cited5 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- Rice v. . CulverNew York Court of Appeals · 1902
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Beck v. Catholic University of AmericaNew York Court of Appeals · 1902
- Gilmour v. ColcordAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Pierce v. KinneyAppellate Division of the Supreme Court of the State of New York · 1912
- Miller v. LoncaoNew York Supreme Court · 1910