Riley v. Kenney
City of New York Municipal Court
Appeal by the defendant Kenney from a judgment in favor of the plaintiffs and the defendants Murray and Meehan, and against the defendant Kenney, for the sum of $390, and directing the sale of certain real property of the defendant Kenney, upon the foreclosure of a mechanic’s lien.
1Per curiam
The contract provided, in case of the contractors’ default, that the owner should have the right to take possession of the premises and finish the work. “ The expense thereof to be deducted from the amount of the contract or from any payments due or to become due the contractor.”
Extra work had been contracted for at the agreed price of forty dollars, and on the 2d day of June, 1899, the defendant Kenney took possession of the premises and proceeded to finish the work. The trial court found that he had a right to take possession of the building and complete the same under the contract, and…
2Cases cited3 opinions
- Zimmermann v. JourgensenNew York Supreme Court · 1891
- Robinson v. Chinese Charitable & Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Schmohl v. O'BrienAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Tolkow v. Metropolitan Life InsuranceCity of New York Municipal Court · 1911