Legal Opinion

Morton v. O'Keefe

New York City Court

Decided December 15, 1894PublishedCited by 2 opinions

Appeal from interlocutory judgment sustaining a demurrer to the complaint.

1Opinion of the CourtOsborne, J.

The complaint herein alleges the filing of a notice of mechanic’s lien by plaintiffs against the defendant Tucker as owner of certain property; that the defendant Tucker executed a certain bond “ with the defendants O’Keefe and O’Hara as sureties * * * conditioned for the payment of any judgment which might be rendered against the said property in any action brought by these plaintiffs; ” that the sureties justified, the bond was approved and an order was made discharging the said lien. Plaintiffs seek in this action to recover the amount of said lien against the owner and sureties. There is…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Brandt v. RadleyNew York Supreme Court · 1892
  2. Kruger v. BraenderNew York Court of Common Pleas · 1893

3Cited by2 opinions

  1. Fidelity & Casualty Co. v. D. N. Morrison Construction Co.Supreme Court of Florida · 1930
  2. Miller v. YoumansNew York Court of Common Pleas · 1895

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