Miller v. Leo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clifford L. Milíer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 22d day of June, 1898, upon the decision of the court rendered after a tidal at the New York Special Term.
1Opinion of the Court
Rumsey, J. :
The action was brought to foreclose a mechanic’s lien. The defendant set up a counterclaim upon which he had judgment and the appeal is taken from that judgment. It appears that the plaintiff was engaged in the business of selling brick and other building materials of that nature, including lime and cement. The defendant was the owner of certain premises situate in the city of New York. On the 29th of December, 1897, the defendant wrote to the plaintiff stating, in substance, that he should require at 791 Ninth avenue, near Fifty-third street, about 250,000 brick, together with…
2Cited by4 opinions
- Albany Power &c. Co. v. City of AlbanySupreme Court of Georgia · 1909
- Ready v. . J.L. Fulton Co.New York Court of Appeals · 1904
- Ready v. J. L. Fulton Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Seaboard Brick Co. v. BonacciAppellate Division of the Supreme Court of the State of New York · 1912