Kelly v. . Bloomingdale
New York Court of Appeals
Appeals from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 9, 1892, which affirmed a judgment foreclosing certain mechanics’ liens entered upon the report of a referee. This action was brought for the foreclosure of two mechanics’ liens. The facts, so far as material, are stated in the opinion.
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Appeals from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made Hay 9, 1892, which affirmed a judgment foreclosing certain mechanics’ liens entered upon the report of a referee. This action was brought for the foreclosure of two mechanics’ liens. The facts, so far as material, are stated in the opinion. The defendants Bloomingdale had a right to make the payment of $2,630 on July 21, 1890, and were protected in making it, and the referee erred in refusing so to find as requested. (Laws of 1885, chap. 342, § 4; Dugan v. Brophy, 55…
1Opinion of the CourtO’Brien, J.
The plaintiff is the assignee of the claim and lieu of a mechanic who performed work and furnished material, under an agreement with a general contractor, in plumbing and furnishing the gas fixtures in two houses which the contractor agreed to build and complete for the owners, the two Bloomingdales respectively. The owners and other mechanics or material men, who had also filed liens, were made defendants, and answered setting up defenses against the plaintiffs lien which he sought to foreclose in the action. The referee dismissed the complaint, and reported with respect to the other liens,…
2Cases cited2 opinions
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Larkin v. . McMullinNew York Court of Appeals · 1890
3Cited by20 opinions
- Wilson v. MoonAppellate Division of the Supreme Court of the State of New York · 1934
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- St. Peter's Catholic Church v. VannoteNew Jersey Court of Chancery · 1904
- Drall v. GordonAppellate Terms of the Supreme Court of New York · 1906
- Aigeltinger Co. v. Healy-Tibbitts Construction Co.California Court of Appeal · 1913
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