Mitchell Vance Co. v. Daiker
New York Court of Common Pleas
Appeal from third district court. Action by the Mitchell "Vance Company against Mina Daiker, impleaded, and others. From a judgment dismissing the complaint against defendant Daiker in an action to foreclose a mechanic’s lien claimed pursuant to Laws 1885, c. 342, plaintiff appeals.
1Opinion of the CourtBisohoff, J.
Except in a case of manifest injustice, this court will not reverse the judgment of a district court on questions of fact which were determined upon conflicting evidence, and for the purposes of this appeal, therefore, we must assume that the justice below determined the fact of defendant Daiker’s oral consent to the performance of the services and the supply of the materials for which the lien was claimed against the appellant, and in favor of the respondent. Weiss v. Strauss, (Com. Pl. N. Y.) 14 N. Y. Supp. 776. The facts undisputed, however, on the trial, and upon which appellant…
2Cases cited6 opinions
- Rollin v. . CrossNew York Court of Appeals · 1871
- Otis v. . DoddNew York Court of Appeals · 1882
- Schmalz v. . MeadNew York Court of Appeals · 1891
- Weiss v. StraussNew York Court of Common Pleas · 1891
- Bates v. Lidgerwood Manuf'g Co.New York Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tubridy v. WrightNew York Court of Common Pleas · 1894