Hartley v. Murtha
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Hartley, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendants Murtka & O’Neill, entered in the office of the clerk of said court on the 30th day of December, 1895, upon the decision of the court, rendered after a trial at an Equity Term thereof dismissing the plaintiff’s complaint upon the merits. The action was brought for the foreclosure of a mechanic’s lien.
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Appeal by the plaintiff, James Hartley, from a judgment of the Court of Common Pleas for the city and county of New York in favor of the defendants Murtka & O’Neill, entered in the office of the clerk of said court on the 30th day of December, 1895, upon the decision of the court, rendered after a trial at an Equity Term thereof dismissing the plaintiff’s complaint upon the merits. The action was brought for the foreclosure of a mechanic’s lien. The defendant Murtlia was the owner of the premises. On the Uth day of March, 1893, ghe leased them to P. J. O’Neill for fifteen years. On the same…
1Opinion of the Court
Williams, J.:
The plaintiff did not set out the contract in his complaint, but proved it on the trial, and sought to recover pursuant to the terms thereof. He was not bound, as a matter of pleading, to declare upon the contract, but might declare generally for the materials furnished and work performed, and on the trial the contract might be used to determine the rights of the parties. (Hogan v. Laimbeer, 66 N. Y. 604.) It is not necessary to consider the question whether the $1,000 note was to be regarded as a payment on the contract or not, as the court held that the plaintiff had no right…
2Cited by8 opinions
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
- Lunsford & Withrow & Co. v. WrenWest Virginia Supreme Court · 1908
- Boyd v. ValeAppellate Division of the Supreme Court of the State of New York · 1903
- Acme Lumber Co. v. WesslingCalifornia Court of Appeal · 1912
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