Legal Opinion

Mosher v. Lewis

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1897PublishedCited by 5 opinions

Appeal by the defendants, Charles Lewis and Barbette Lewis, as executrix, etc., of Joseph Lewis, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office- of the clerk of the county of Hew York on the 25th day of August, 1896, upon the decision of the court rendered after a trial at the Hew York Special Term. This appeal was transferred from the first department to the second department.

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Appeal by the defendants, Charles Lewis and Barbette Lewis, as executrix, etc., of Joseph Lewis, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office- of the clerk of the county of Hew York on the 25th day of August, 1896, upon the decision of the court rendered after a trial at the Hew York Special Term. This appeal was transferred from the first department to the second department. The action was commenced in the Court of Common Pleas of the city and county of Hew York. A trial there resulted in a judgment dismissing the complaint, which judgment…

1Opinion of the Court

Bradley, J.:

The claim for which the plaintiffs filed a mechanic’s, lien, which they seek to enforce by foreclosure, arose from materials furnished -and services performéd by theiti between the 15th day of April and the 15th day of June, 1893,. at the request of the defendants Wilson & Van Houten, lessees of Charles and Joseph Lewis, in making and laying the cellar floor, facing the cellar walls and concreting the cellar, amounting in value to $233.76, and in making and laying an artificial sidewalk in front of the building on the premises oh Eighth avenue and Thirteenth street, amounting in…

2Cases cited3 opinions

  1. Burkitt v. . HarperNew York Court of Appeals · 1879
  2. Schmalz v. . MeadNew York Court of Appeals · 1891
  3. Mosher v. LewisNew York Court of Common Pleas · 1894

3Cited by5 opinions

  1. New York Artcrafts, Inc. v. MarvinNassau County District Court · 1961
  2. La Pasta v. WeilAppellate Terms of the Supreme Court of New York · 1897
  3. Miller v. SchmittNew York Supreme Court · 1901
  4. Nason Ice Machine Co. v. UphamAppellate Division of the Supreme Court of the State of New York · 1898
  5. George Colon & Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1917

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