Holler v. Apa
New York Court of Common Pleas
Appeals from judgment on report of referee. Three actions by Frederick Holler and Henry Holler to foreclose mechanics’ liens,—one against George Schwehn and Filippa Apa and others, the second against said Schwehn and Tomasso Giordano and others, the third against said Schwehn and Michele Tarehini and others. The actions were referred and tried together. Judgments for plaintiffs. Defendant Schwehn appeals.
1Opinion of the CourtBookstaver, J.
The above-entitled actions were brought to foreclose three separate mechanics’ liens on three separate houses; but all were referred and tried together, and the same questions are presented in each case. George Schwehn, the principal contractor, is the only party appealing. He denied that there was any indebtedness from him to the plaintiffs, and also claimed that he and the plaintiffs were copartners. The latter was the chief point relied upon by the defendant before the referee and argued on this appeal. On behalf of the appellant, it is contended that both the making of the agreement and…
2Cases cited3 opinions
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Cassidy v. . HallNew York Court of Appeals · 1884
- Darrah v. BoysNew York Court of Common Pleas · 1890