Legal Opinion

North American Wall Paper Co. v. Jackson Construction Co.

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

Decided May 7, 1915PublishedCited by 2 opinions

Appeal by the defendant, Jackson Construction Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of December, 1914, upon the decision of the court after a trial at the New York Special Term, excepting in so far as said judgment is in favor of Peter Sinnott.

1Opinion of the Court

Laughlin, J.:

This is an action to foreclose a mechanic’s lien. The plaintiff sues in the right of the copartnership firm of G-lick & Eckstein, who had a contract with the appellant for varnishing, painting, papering and decorating three five-story apartment buildings containing ninety-three apartments. The contract provided that the plaintiff’s assignors should do all the work for the gross sum of $3,200. They were paid $2,150 on account, and the plaintiff by this action sought to foreclose the lien for the balance. It alleged complete performance by its assignors, excepting in so far as…

2Cases cited6 opinions

  1. Woodward v. . FullerNew York Court of Appeals · 1880
  2. Fox v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1899
  3. Mitchell v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1903
  4. Rochkind v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1908
  5. Van Orden v. MacRaeAppellate Division of the Supreme Court of the State of New York · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Ferris v. MannSupreme Court of Rhode Island · 1965
  2. Frank M. Herbert, Jr., Inc. v. M & P Scrap Iron & Metal Corp.Civil Court of the City of New York · 1963

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