De Lorenzo v. Von Raitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs^ Licurgo De Lorenzo and another, from so much of a judgment of the Supreme Court in favor of the defendant Feodor Yon Raitz, entered in the office of the clerk of the county of New York on the 6th day of December, 1898, upon the decision of the court rendered after a trial at the New York Special Term, as decreed that the defendant Yon Raitz have judgment against the plaintiffs, and declared the mechanic’s lien filed by the plaintiffs to be null and…
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Appeal by the plaintiffs^ Licurgo De Lorenzo and another, from so much of a judgment of the Supreme Court in favor of the defendant Feodor Yon Raitz, entered in the office of the clerk of the county of New York on the 6th day of December, 1898, upon the decision of the court rendered after a trial at the New York Special Term, as decreed that the defendant Yon Raitz have judgment against the plaintiffs, and declared the mechanic’s lien filed by the plaintiffs to be null and void; and also an appeal by the defendant William Bradley from the whole of said judgment.
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose a mechanic’s lien upon certain premises owned by the defendant Yon Raitz. Upon the trial it appeared that in May, 1897, the plaintiffs and the defendant Yon *330Raitz entered into a contract whereby the former agreed for the sum of $1,150 to perform certain services in plastering, painting and decorating the latter’s building, and in pursuance of this contract the plaintiffs performed certain services, and also performed^ at Yon Raitz’s request, services not called for in the contract to the amount of $523.16, making a total amount which Yon…
2Cases cited4 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Larkin v. . McMullinNew York Court of Appeals · 1890
- French v. . BauerNew York Court of Appeals · 1892
3Cited by5 opinions
- Drall v. GordonAppellate Terms of the Supreme Court of New York · 1906
- Martens v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1909
- Daxe v. HajekAppellate Terms of the Supreme Court of New York · 1907
- New Jersey Steel & Iron Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1902
- Rosenbaum v. PaletzAppellate Terms of the Supreme Court of New York · 1909