Freese v. Avery
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Cayuga county. Action by Stephen Freese and others against Edward H. Avery to foreclose a mechanic’s lien. From a decree overruling a demurrer to the complaint, defendant appeals.
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Appeal from special term, Cayuga county. Action by Stephen Freese and others against Edward H. Avery to foreclose a mechanic’s lien. From a decree overruling a demurrer to the complaint, defendant appeals. The following is the opinion of the court below (DWIGHT, J.): The action is to foreclose two mechanics’ liens filed by the plaintiffs Porter and Chamberlain & Phillips, respectively, for materials furnished by such plaintiffs respectively, to the principal contractor, Freese, in the erection of a building for the defendant, Avery. The complaint alleges a balance of the contract price due to…
1Per curiam
Interlocutory judgment affirmed, with costs, on opinion of DWIGHT, J., delivered at special term, with leave to defendant to withdraw his demurrer and answer upon payment of the costs of the demurrer and of this appeal.
2Cited by5 opinions
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