Jones v. . Menke
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1899, reversing a judgment in favor of plaintiff and defendant C. J. Purcell Company, entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien, and granting a new trial. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 20, 1899, reversing a judgment in favor of plaintiff and defendant C. J. Purcell Company, entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien, and granting a new trial. The facts, so far as material, are stated in the opinion. The Appellate Division has reversed the judgment below on the law, but has affirmed the facts. (Code Civ. Pro. § 1338 ; N. W. P. Co. v. Sire, 163 N. Y. 122; Matter of Laudy, 148 N. Y. 403; Szuchy v. H.…
1Opinion of the CourtCullen, J.
This action was brought to enforce a mechanics’ lien against real property of the respondent situated in the city of 17ew York, leased by him to the defendant Susan Murray. The lease provided that the demised premises should -£ be used and occupied as a first-class saloon and restaurant upon the conditions and covenants following.” One of these covenants was: “ It is understood and agreed that, the said premises are to be fully fitted up and completed for the liquor and restaurant business contempláted to be carried on at said premises within three months from date, and should the tenant fail…
2Cases cited5 opinions
- National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
- De Klyn v. . GouldNew York Court of Appeals · 1901
- Burkitt v. . HarperNew York Court of Appeals · 1879
- Otis v. . DoddNew York Court of Appeals · 1882
- Miller v. . MeadNew York Court of Appeals · 1891
3Cited by29 opinions
- Rice v. . CulverNew York Court of Appeals · 1902
- McNulty Bros. v. . OffermanNew York Court of Appeals · 1917
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Arctic Lumber Co. v. BordenCourt of Appeals for the Ninth Circuit · 1914
- New York Elevator Supply & Repair Co. v. BremerAppellate Division of the Supreme Court of the State of New York · 1902
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