Legal Opinion

Mitchell v. . Murray

New York Court of Appeals

Decided December 15, 1914PublishedCited by 2 opinions

Appeal from so much of a judgment of the Appellate Division of the Supreme Court in the first judicial depart-. ment, entered May 9, 1913, as affirmed a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action to foreclose a mechanic’s lien.

1Opinion of the Court

Judgment affirmed, with costs. Even if the original contract had not been under seal the evidence offered would not he sufficient to show that the same had been modified by a subsequent parol contract.

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Cuddeback, Miller and Cardozo, JJ. Absent: Werner, J.

2Cited by2 opinions

  1. Along-the-Hudson Co. v. AyresAppellate Division of the Supreme Court of the State of New York · 1915
  2. Lion Brewery v. FrickeAppellate Division of the Supreme Court of the State of New York · 1923