Taylor v. Dutcher
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, James Y. Lawrence, from so much of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of West-Chester on the 20th day of October, 1900, as overruled exceptions taken, by him to a referee’s report, and directed payment by the county treasurer of Westchester county to the claimant William P. Fiero of the sum of $507.21, with interest.
1Opinion of the Court
Jenks, J.:
This is an appeal from an order of the Special Term confirming the report of a referee in surplus proceedings supplemental to a sale of the premises of Butcher under foreclosure of his mortgage to Taylor for $5,000. There are three claimants, of whom only Mr. Lawrence appeals. His claim is based upon a mechanic’s lien for $605, filed July 28, 1898. In October, 1898, Mr. Lawrence’s firm and George I. Roberts & Brothers, incorporated, executed and delivered to Butcher the following: “We, the undersigned, creditors of and lienors against Charles W. Butcher and his building at…
2Cases cited1 opinion
- Ellis v. SalomonAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Gibson v. Koutsky-Brennan-Vana Co.Nebraska Supreme Court · 1943