Legal Opinion

Ogden v. Sergeant

Appellate Terms of the Supreme Court of New York

Decided November 24, 1908Published

Appeal from City Court of New York, Trial Term. Action by Frederick JV Ogden and another against William L-Sergeant. From a judgment for defendant, plaintiffs appeal.

1Per curiam

Defendant was having built certain houses, and had given a contract therefor to the Structural Concrete Company, a corporation. Plaintiffs had a contract with said corporation under which they furnished materials which were' used in the construction of the said houses with the knowledge and consent of defendant. The corporation abandoned the job, and failed to pay plaintiffs for the materials furnished by them. Plaintiffs claim that defendant agreed to pay the account of the corporation to plaintiffs, in consideration of the latters’ not filing a mechanic’s lien and of their continuing to…

2Cases cited5 opinions

  1. McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
  2. Philips v. PhilipsAppellate Division of the Supreme Court of the State of New York · 1902
  3. Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1902
  4. Steinle v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  5. Goldman v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1907

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