Gass v. Souther
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary J. Souther, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2d day of - December, 1898, upon the decision of the court rendered after a trial before the court without a jury, foreclosing a mechanic’s lien, with notice.of an intention to,bring up for review upon. such appeal an order entered in said clerk’s office on the 22d day of December, 1S98,…
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Appeal by the defendant, Mary J. Souther, from a judgment of the County Court of Queens county in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 2d day of - December, 1898, upon the decision of the court rendered after a trial before the court without a jury, foreclosing a mechanic’s lien, with notice.of an intention to,bring up for review upon. such appeal an order entered in said clerk’s office on the 22d day of December, 1S98, denying the defendant’s motion for a retaxation of costs.
1Opinion of the Court
Hatch, J.:
The complaint was sufficient to state a, cause of action for the foreclosure of plaintiff’s lien. The objections, thereto are extremely technical, and, if it were necessary, we might regard the complaint as amended upon this appeal in accordance with the proof, for the purpose of supporting the judgment. The fact that the plaintiff furnished the material which is the subject of the lien to the contractor engaged in the construction of the house for the defendant Souther, is not the subject of' dispute, nor is the validity of the lien in anywise attacked. The real point in issue…
2Cases cited2 opinions
- Wanzer v. . CaryNew York Court of Appeals · 1879
- Sheridan v. PresasAppellate Terms of the Supreme Court of New York · 1896
3Cited by7 opinions
- Maneely v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Rukeyser v. Fountain & Choate, Inc.Appellate Division of the Supreme Court of the State of New York · 1918
- Steeves v. SinclairAppellate Division of the Supreme Court of the State of New York · 1900
- Van Etten v. Sphinx Holding Corp.New York Supreme Court · 1921
- Farm Supplies Corp. v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1934
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