Riggs v. Chapin
City of New York Municipal Court
Appeal from special term. Action by'John Biggs against James M. Chapin, Frederick B. Meres, and others to foreclose a mechanic’s lien filed by plaintiff against property owned by defendant Chapin.
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Appeal from special term. Action by'John Biggs against James M. Chapin, Frederick B. Meres, and others to foreclose a mechanic’s lien filed by plaintiff against property owned by defendant Chapin. The complaint alleges that Chapin made a contract with defendant Meres whereby the latter was to build the stairs in said house, and furnish lumber and material therefor, to be paid for in installments, as the work progressed; and that Meres made a subcontract with plaintiff to do said work, and certain extra framing, for $200, to be paid in two installments. The complaint alleged that Chapin, the…
1Opinion of the CourtMcAdam, C. J.
It is a settled rule that the allegata and prolata must agree. The latter must support the former. In other words# the plaintiff must prove his case as he has alleged it. Cumiskey v. Lewis, 15 N. Y. St. Rep. 364. The object of the pleadings is to arrive at a specific issue upon a given and material fact. If there be proofs to facts not put in contestation by the pleadings, or allegations of facts not established by proofs, in each case they must be rejected. The Sarah Ann, 2 Sum. 206. Every fact which a party must prove to establish his cause of action or defense must be stated in the…
2Cases cited9 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Knapp v. . BrownNew York Court of Appeals · 1871
- Otis v. . DoddNew York Court of Appeals · 1882
- Husted v. . MathesNew York Court of Appeals · 1879
- The Sarah AnnU.S. Circuit Court for the District of Massachusetts · 1835
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Provident National Bank v. WebbCourt of Appeals of Texas · 1910
- Rademacher v. Greenwich InsuranceNew York Supreme Court · 1894
- In re the Estate of BacleHawaii Supreme Court · 1921