New Jersey Steel & Iron Co. v. Robinson
New York Supreme Court
Action to foreclose a mechanic’s lien on property of the defendant Kinney for work, etc., performed and furnished by the plaintiff, under a contract between it and the defendant Robinson, as a general contractor.
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Action to foreclose a mechanic’s lien on property of the defendant Kinney for work, etc., performed and furnished by the plaintiff, under a contract between it and the defendant Robinson, as a general contractor. Demurrer to the complaint by defendant Kinney, another by the plaintiff to the defense set up in the tenth paragraph of the amended answer of the defendant Robinson; and a third demurrer by the plaintiff to the further and separate defense set forth in article 4 of the answer of defendants Barr, Thaw and Eraser.
1Opinion of the CourtLawrence, J.
There are three demurrers in this case, one interposed by the defendant Kinney to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, and another by the plaintiff to the defense set up in the tenth paragraph of the amended answer of the defendant Robinson, wherein he alleges that on the 7th day of March, 1900, he executed and delivered to the defendant Charles N. Talbot an instrument in writing whereby he sold, assigned and transferred, etc., unto said Talbot all his goods, chattels, etc., of every description belonging to him, wheresoever the…
2Cases cited4 opinions
- Van Clief v. . Van VechtenNew York Court of Appeals · 1892
- Campbell v. . CoonNew York Court of Appeals · 1896
- Ringle v. Wallis Iron WorksNew York Supreme Court · 1895
- Kager v. BrennemanAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Holl v. LongNew York Supreme Court · 1901
- Whisten v. KelloggNew York Supreme Court · 1906