Strauchen v. . Pace
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion. Appellants’ notice of lien filed January 16, 1907, addressed to the Rochester Turkish Baths as owner, is prior and superior to that of the plaintiff filed January 17, 1907, addressed to James S. Pace and, Rochester Turkish Baths, owners. (Schmalz v. Mead, 125 N. Y. 188;…
1Opinion of the CourtGray, J.
The action was brought to foreclose certain mechanics’ liens. The plaintiff and the defendants, the firm of Barr & Creelman, had entered into contracts with the Rochester Turkish Baths, a corporation; the former to do the mason work and the latter to do the plumbing work upon and in a building to be erected by the baths company. The defendant Pace was the owner of the fee of the land, upon which the building was to be put up, and he was the president of the baths company ; in which latter capacity he signed the contracts. Upon the completion of the work contracted for, notices of liens were…
2Cases cited3 opinions
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Grippin v. WeedAppellate Division of the Supreme Court of the State of New York · 1897
- Grippin v. . WeedNew York Court of Appeals · 1900
3Cited by6 opinions
- Church E. Gates & Co. v. National Fair & Exposition Ass'nNew York Court of Appeals · 1919
- Advanced Alarm Technology, Inc. v. Pavilion AssociatesAppellate Division of the Supreme Court of the State of New York · 1988
- Melniker v. GraeAppellate Division of the Supreme Court of the State of New York · 1981
- Church E. Gates & Co. v. National Fair & Exposition Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
- Vogel & Binder Co. v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1909
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