Wright v. Schoharie Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the New England Brick Company, a defendant in the first and one of the plaintiffs in the second of the above-entitled actions, from so much of a judgment of the Supreme Court in favor of the defendant Austin Simkins, entered in the first of the above-entitled actions in the office of the clerk of the county of Schoharie on the 20th day of November, 1905, as determines that the said Austin Simkins is liable on the notice of liens filed by the parties to the actions…
Read the full summary
Appeal by the New England Brick Company, a defendant in the first and one of the plaintiffs in the second of the above-entitled actions, from so much of a judgment of the Supreme Court in favor of the defendant Austin Simkins, entered in the first of the above-entitled actions in the office of the clerk of the county of Schoharie on the 20th day of November, 1905, as determines that the said Austin Simkins is liable on the notice of liens filed by the parties to the actions for only the sum of $1,094.24, the amount due from him to his sub-contractor at. the "time of tlie filing of notice of…
1Opinion of the Court
Smith, J.:
The appellant’s lien is filed for materials furnished a sub-contractor. The work was performed in the erection of' a high school *543building in and for Union Free School District No. 1 of the town of Schoharie under a contract made between said school district as owner and Austin Simkins, the respondent herein, as contractor. On the trial it appeared that after the making of the contract between the school district and Simkins, he^ by a contract in writing, sublet a portion of the work to one Sloan, who in his contract with Simkins agreed to perform said portion and furnish materials…
2Cases cited4 opinions
- Brainard v. . County of KingsNew York Court of Appeals · 1898
- Lumbard v. . Syracuse, B. N.Y.R.R. Co.New York Court of Appeals · 1874
- French v. . BauerNew York Court of Appeals · 1892
- Martin v. FlahiveAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Upson v. United Engineering & Contracting Co.New York Supreme Court · 1911
- Dempsey v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 1919
- C.S. Behler, Inc. v. Daly & Zilch, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Philan Department of the Borden Co. v. Foster-Lipkins Corp.Appellate Division of the Supreme Court of the State of New York · 1972
- Staten Island Supply Co. v. Beverly-Glenwood Richmond Corp.Appellate Division of the Supreme Court of the State of New York · 1983