Graf v. . Cunningham
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made March 22, 1886, which affirmed a judgment in favor of plaintiff and certain of the defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mechanic’s lien upon premises in the city of Brooklyn. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made March 22, 1886, which affirmed a judgment in favor of plaintiff and certain of the defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mechanic’s lien upon premises in the city of Brooklyn. The material facts are stated in the opinion. The respondents are only entitled to liens on complying with the statute and proving performance by the defendant Wilson. (Linn v. O'Hara, 2 E. D. Smith, 560; Grogan v. Mayor, etc., Id. 639; Walker v.…
1Opinion of the CourtPeckham, J.
The defendant agreed with one Wilson to pay him $3,500 for building a house, the payments to be made in installments as certain stages in the process of building were reached. She paid Wilson $1,500 during the progress of the building, and the court finds that upon the date named in its finding $400 more were due him under the contract. She refused to pay that amount and claimed the work was not advanced far enough and was not done in accordance with the contract. The court found against her on these points and there is evidence to sustain the finding. The contractor, upon defendant’s refusal…
2Cases cited2 opinions
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- Wheeler v. . ScofieldNew York Court of Appeals · 1876
3Cited by20 opinions
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Mason v. Edward Thompson Co.Supreme Court of Minnesota · 1905
- Snyder v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Thomas v. SahaganNew York Supreme Court · 1890
- Meyer Milling Co. v. BakerSupreme Court of Missouri · 1931
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