Brainard v. Kings County
New York Supreme Court
Appeal from special term, Kings county. Action by Morris E. Brainard and another against the county of Kings, the county of Queens, Carter W. Dean, and John A. West-brook to foreclose a mechanic’s lien. There was a judgment in favor of plaintiffs, and defendants the county of Kings, the county of Queens, and others appeal. Affirmed as to some defendants, and reversed as to others.
1Opinion of the CourtPratt, J.
It seems to be conceded on the part of appellants that the judgments in favor of Drake, Stratton & Co., Limited, and King Bridge Company, should be affirmed; so that the only points to be considered relate (1) to the question of error raised by the two counties as to the amount due the contractors of $50,000; and (2) whether the lienors, creditors of Cregin & Co., are entitled to judgments.
The first question is of small moment, as it can be readily corrected. Of course, everybody concedes that the liability of the counties is limited by statute to the amount due the contractors (section 8, c.…
2Cited by2 opinions
- Garrison v. BorioNew Jersey Court of Chancery · 1901
- Meurer v. KilgusNew Jersey Court of Chancery · 1910