Goldstein v. Michelson
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the City Court of the city of New York, rendered in favor of the plaintiff upon the pleadings.
1Opinion of the CourtBischoff, J.
Granting that the affirmative matter pleaded by the amended answer was not sufficient in law, for the purposes of a defense, still the defendants may assail the judgment rendered upon the pleadings, if no cause of action was stated in the complaint, since the judgment, of course, depends upon the admission of the statement of a cause of action. The appellants raised the point that the complaint is insufficient, and correctly, as we view the case.
The action is brought upon an undertaking, running to the clerk of the county of New York, given to procure the discharge of a mechanic’s lien filed…
2Cases cited4 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Ringle v. Wallis Iron WorksNew York Supreme Court · 1896
- Hauselt v. FineNew York Supreme Court · 1886
- In re John P. Kane Co.New York Supreme Court · 1900
3Cited by1 opinion
- Petersen v. National Surety Co.City of New York Municipal Court · 1919