Schillinger Fire Proof Cement & Asphalt Co. v. Arnott
New York Court of Appeals
Appeals from judgments of the General Term of the Supreme Court in the first judicial department, entered respectively April 16 and 18, 1895, which affirmed judgments in favor of the respective plaintiffs entered upon a decision of the court on trial at Special Term, and also affirmed orders denying motions to strike the causes from the equity calendar and to grant a jury trial. The cases were tried together and involve the same questions.
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Appeals from judgments of the General Term of the Supreme Court in the first judicial department, entered respectively April 16 and 18, 1895, which affirmed judgments in favor of the respective plaintiffs entered upon a decision of the court on trial at Special Term, and also affirmed orders denying motions to strike the causes from the equity calendar and to grant a jury trial. The cases were tried together and involve the same questions. The nature of the actions and the facts, so far as material, are stated in the opinion. The defendants had a constitutional right to a jury trial, and if…
1Opinion of the CourtBartlett, J.
These actions were brought to foreclose mechanics’ liens against the defendants, Arnott & Company, as contractors, and Rachel Oolmfeld as owner of a ten-story building at the corner of Bleecker and Mercer streets in the city of 27ew York. Arnott and Company, defendants in both actions, contracted to do the entire mason work in this building. The Schillinger Company were sub-contractors under Arnott & Co., and agreed to do a certain part of the mason work for $24,000. Gabriel and Schall were sub-contractors under the Schillinger Co. and agreed to furnish it a quantity of cement.
The learned…
2Cases cited2 opinions
- Morton v. . TuckerNew York Court of Appeals · 1895
- Kenney v. . ApgarNew York Court of Appeals · 1883
3Cited by11 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Harley v. . PlantNew York Court of Appeals · 1914
- Nelson v. SchrankAppellate Division of the Supreme Court of the State of New York · 1947
- Smith v. FleischmanAppellate Division of the Supreme Court of the State of New York · 1897
- Stockton Lumber Co. v. SchulerCalifornia Supreme Court · 1909
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