Raabe v. Squier
New York Court of Common Pleas
Appeal from- judgment on report of referee. Action by Henry Raabe and Herman Raabe, composing the firm of H. Raabe Sc Son, subcontractors and material men, against Albert 0. Squier and Nelson M. WTiipple, composing the firm of Squier Sc WTiipple, as contractors, and William E. D. Stokes and Francis M. Jencks, as owners, to establish a lien claimed pursuant to the provisions of the mechanic’s lien law, (Laws 1885, c. 342,) which was discharged by the order of the court upon…
Read the full summary
Appeal from- judgment on report of referee. Action by Henry Raabe and Herman Raabe, composing the firm of H. Raabe Sc Son, subcontractors and material men, against Albert 0. Squier and Nelson M. WTiipple, composing the firm of Squier Sc WTiipple, as contractors, and William E. D. Stokes and Francis M. Jencks, as owners, to establish a lien claimed pursuant to the provisions of the mechanic’s lien law, (Laws 1885, c. 342,) which was discharged by the order of the court upon the filing of a bond as by the same statute in such cases also provided, and to recover personal judgment against the…
1Opinion of the CourtBischoff, J.
Every material allegation of the complaint having been controverted by the several answers of all the defendants, it devolved upon plaintiffs to establish them by sufficient evidence. This they attempted to do, but, having rested after the introduction of direct evidence, the referee, on motion of counsel for all the defendants, dismissed the complaint for insufficiency of the proof. The referee’s report omits the finding of every fact alleged in the complaint and essential to plaintiffs’ recovery against all or any of the defendants. Exceptions to the conclusions of law are therefore…
2Cases cited5 opinions
- Wood v. . LaryNew York Court of Appeals · 1891
- Burnap v. . National Bank of PotsdamNew York Court of Appeals · 1884
- Hugg v. ShankNew York Supreme Court · 1889
- Patterson v. GravesNew York Supreme Court · 1854
- In re Fithian's EstateNew York Supreme Court · 1889
3Cited by1 opinion
- Miller v. AltieriNew York Court of Common Pleas · 1895