De La Vergne Machine Co. v. New York & Brooklyn Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the De La Vergne Machine Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of Hovember, 1907, directing that all proceedings in this action be stayed until the entry of judgment in an action pending in the Supreme Court, brought by the Mew York and Brooklyn Brewing Company against the De La Yergne Machine Company.
1Opinion of the Court
Gaynor, J.:
This is an action to foreclose the plaintiff’s mechanic’s lien on the defendant’s land for work done and material furnished under a written contract between the parties for the erection of an ice-making plant on the defendant’s land by the plaintiff for $8,500, of which $2,000 was paid. Before this action was begun this defendant brought an action against this plaintiff for damages for the breach of the said contract in the sum of $20,000, and issue was joined in it first. In each action the defendant alleges in defense the same matter which it pleads in the other as plaintiff. The…
2Cases cited1 opinion
- Post v. BanksAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- Crandall v. ItenWashington Supreme Court · 1924
- Raymore Realty Co. v. Pfotenhauer-Nesbit Co.Appellate Division of the Supreme Court of the State of New York · 1910
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- Gibbs v. KahnCity of New York Municipal Court · 1911