Foshay v. . Robinson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made December 14, 1891, which affirmed a judgment in favor of plaintiffs entered upon an order of Special Term confirming the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made December 14, 1891, which affirmed a judgment in favor of plaintiffs entered upon an order of Special Term confirming the report of a referee. The nature of the action and the facts, so far as material,, are stated in the opinion. The referee erred in finding that the defendants, Young and Tripp, furnished materials to he used in the erection of Boyd’s building, in conformity with the contract between Robinson and Boyd, or that they were entitled to a lien therefor.…
1Per curiam
The plaintiff, as a sub-contractor, brought this action to foreclose a mechanic’s lien, filed for the value of materials, etc., furnished to the defendant Robinson, who had contracted with defendant Boyd tc build. for him a house.
By them contract the owner was to pay the contractor in instalments, fixed by different and designated stages of the work of building; with the proviso that the work should progress in a satisfactory manner, and that a certificate of the architects should be obtained as each of the stages was reached and a payment required. It was also provided that the architects’…
2Cited by17 opinions
- Albert J. Bunce, Ltd. v. FaheyAppellate Division of the Supreme Court of the State of New York · 1979
- American Radiator Co. v. . City of New YorkNew York Court of Appeals · 1918
- Anisansel v. CoggeshallAppellate Division of the Supreme Court of the State of New York · 1903
- Upton Co. v. FlynnAppellate Division of the Supreme Court of the State of New York · 1915
- Kelley v. City of SyracuseNew York Supreme Court · 1894
12 more not listed; retrieve them via the Exa API.