Anderson v. Meislahn
New York Court of Common Pleas
Appeal from a' judgment of this court entered upon the report of a referee. The action was brought to foreclose a mechanic’s lien upon certain buildings erected by plaintiff under a contract with defendant, the owner. The facts are stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
In the testimony, which is voluminous, there is considerable contradiction upon many points, such as the extent, nature and value of omissions and changes, the circumstances under which they occurred, the statement of the architect as to the reasons why he refused to give the last certificate, and other matters, in respect to all of which it must be assumed that the referee believed the plaintiff’s witnesses and discredited those of the defendant, where they were in conflict. The conclusions of the referee as to the facts where the testimony is thus conflicting…
2Cases cited7 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Woodward v. . FullerNew York Court of Appeals · 1880
- Phillip v. . GallantNew York Court of Appeals · 1875
- Day v. . HammondNew York Court of Appeals · 1874
- Johnson v. . De PeysterNew York Court of Appeals · 1872
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3Cited by7 opinions
- Lackland v. EdwinSupreme Court of Missouri · 1914
- Snaith v. SmithNew York Court of Common Pleas · 1894
- Duell v. McCrawNew York Supreme Court · 1895
- Jackson Architectural Iron Works v. RoussThe Superior Court of New York City · 1891
- Jackson Architectural Iron-Works v. RoussThe Superior Court of the City of New York and Buffalo · 1891
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