Mitchell v. Dunmore Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the; plaintiff, Donald Mitchell, from a judgment of the Supreme Court in favor of the defendants) entered in the office of the clerk of the county of New York on the 3d day of June, 1912, upon the decision of the Court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Clarke, J.:
This was an action to foreclose a mechanic’s lien. This court having determined on an interlocutory appeal that the notice of lien was invalid (126 App. Div. 829), a jury was waived upon the trial and the case proceeded as an action for a personal judgment. By consent the claim between the Dunmore Realty Company and the plaintiff was settled and discontinued, so that the controversy is between the plaintiff and John L. Murray, the other defendants, sub-contractors, having stipulated that their right to a recovery depended wholly upon the success of the plaintiff.. The Dunmore…
2Cases cited10 opinions
- Woodward v. . FullerNew York Court of Appeals · 1880
- Kromer v. . HeimNew York Court of Appeals · 1879
- Smith v. . KerrNew York Court of Appeals · 1888
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Langley v. . RoussNew York Court of Appeals · 1906
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3Cited by5 opinions
- Brescia Construction Co. v. Walart Construction Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Fetterolf v. S. & L. Construction Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Hiltop Sand Corp. v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1929
- Lion Brewery v. FrickeAppellate Division of the Supreme Court of the State of New York · 1923
- Cammack v. J. B. Slattery & Bro., Inc.Appellate Division of the Supreme Court of the State of New York · 1924