Waters v. Goldberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, David Waters and another, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, .in favor of the defendants,'rendered on the 11th day of April, 1907.
1Opinion of the Court
Jenks, J.:
This is an appeal from a judgment of the Municipal Court dismissing a complaint in an action to foreclose a mechanic’s lien. Aside from the pleadings there was nothing before the court save the notice of lien which was an exhibit of the plaintiff. The motion for dismissal was made upon the ground that the lien sued upon is not the lien pleaded; that it was defective; that it was filed on behalf of the plaintiff.Waters individually and that it nowhere appeared that Waters filed it as a copartner or for the interest of Waters and Miller, the plaintiffs named, who alleged in the…
2Cases cited2 opinions
- Mahley v. . German BankNew York Court of Appeals · 1903
- Duckwall v. JonesIndiana Supreme Court · 1900
3Cited by6 opinions
- Harrison Construction Co. v. Greystone Hotel Co.West Virginia Supreme Court · 1925
- Corina Associates, Inc. v. McManus, Longe, Brockwehl, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- Mayer v. Delson Holding Corp.New York Supreme Court · 1931
- Patterson v. YoungsAppellate Terms of the Supreme Court of New York · 1911
- Fibernet Telecom Group, Inc. v. East Coast Optical ServicesNew York Supreme Court · 2002
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