Legal Opinion

Thomas v. Stewart

New York Court of Appeals

Decided March 22, 1892PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Specal Term. This was an action for the foreclosure of a mechanic’s lien .filed under the general act against certain property in the city of Yonkers belonging to the defendant Sahagian.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Specal Term. This was an action for the foreclosure of a mechanic’s lien .filed under the general act against certain property in the city of Yonkers belonging to the defendant Sahagian. Other lienors, who were joined as defendants, appeared and asserted their claims by answers duly served upon the owner. By a contract, dated September 28,1888, the firm of…

1Opinion of the Court

*588Vann, J., reads for reversal, unless a stipulation for a reduction of the recovery is made, and for a modification if stipulation is made, as specified in the opinion.

All concur.

Judgment accordingly.

2Cited by22 opinions

  1. MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
  2. Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
  3. Langley v. . RoussNew York Court of Appeals · 1906
  4. Theatre Realty Co. v. Aronberg-Fried Co.Court of Appeals for the Eighth Circuit · 1936
  5. Nussberger v. WassermanNew York Supreme Court · 1903

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