Reports of Cases Argued and Determined in the Court of Common Pleas for the City and County of New York, Volume 16Baker, Voorhis & Company, 1892 |
From inside the book
Results 1-5 of 17
Page 91
... mechanic's lien is invalid where founded upon a notice of lien filed by a contractor for the unpaid balance of the whole contract price , which states that all the work and materials have been performed and furnished , when in fact part ...
... mechanic's lien is invalid where founded upon a notice of lien filed by a contractor for the unpaid balance of the whole contract price , which states that all the work and materials have been performed and furnished , when in fact part ...
Page 92
... mechanic's lien . The complaint , among other things , alleged that plaintiffs " did and performed certain work , labor and services , and furnished necessary materials therefor , which work and materials consisted of building and ...
... mechanic's lien . The complaint , among other things , alleged that plaintiffs " did and performed certain work , labor and services , and furnished necessary materials therefor , which work and materials consisted of building and ...
Page 159
... mechanic's lien law of 1875 , giving a lien on a house , etc. , to persons performing work in erecting it , etc. , " with the consent of the owner , " and requiring that the notice of lien shall state " the name of the owner , lessee ...
... mechanic's lien law of 1875 , giving a lien on a house , etc. , to persons performing work in erecting it , etc. , " with the consent of the owner , " and requiring that the notice of lien shall state " the name of the owner , lessee ...
Page 160
... mechanic's lien upon property owned by defendant Simon . He demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action against him . His demurrer was sustained by the Special Term of ...
... mechanic's lien upon property owned by defendant Simon . He demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action against him . His demurrer was sustained by the Special Term of ...
Page 178
... mechanic's lien , and was tried before a referee , who has found in favor of plaintiffs , both for the balance due on the original contract and for the amount of $ 702.38 , claimed on account of alleged extra work . No objections have ...
... mechanic's lien , and was tried before a referee , who has found in favor of plaintiffs , both for the balance due on the original contract and for the amount of $ 702.38 , claimed on account of alleged extra work . No objections have ...
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Common terms and phrases
action was brought admission agent agreement alleged amount answer appeal appellant assignment BISCHOFF BOOKSTAVER cause of action charge chattel City Court Civil Procedure claim Code commissions complaint concurred contract contributory negligence costs to abide counsel court entered damages Decided April 7th defendant defendant's demurrer District Court elevated railway employment entitled error evidence executed facts fendant gang plank ground gutta percha held injunction injury J. F. DALY judge Judgment affirmed judgment debtor jury justice LARREMORE lease liable lien matter mechanic's lien ment Mitchill mortgage negligence opinion order denying owner paid parties payment person plaint plaintiff possession premises proceedings proof purchase question railroad reason received recover referee refused rendered rent res adjudicata respondent reversed Springville statute statute of frauds Street sufficient tenant Term testator testified testimony thereof tion trial ordered undertenants verdict witness York
Popular passages
Page 55 - ... injured has not been damaged at least to the amount of what he has been induced fairly and in good faith to lay out and expend, including his own services, after making allowance for the value of materials on hand ; at least it does not lie in the mouth of the party in fault to say this, unless he can show that the expenses of the party injured have been extravagant and unnecessary for the purpose of carrying out the contract.
Page 314 - The action was brought to recover damages for the death of plaintiff's intestate, alleged to have been caused by the negligence of defendant.
Page 391 - ... shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage or a true copy thereof shall be filed...
Page 121 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 179 - Specifications, the same shall be decided by and decision shall be final and conclusive ; but should any dispute arise respecting the true value of the extra work, or of the works omitted, the same shall be valued by two competent persons — one employed by the Owner, and the other by the Contractor — and those two shall have power to name an umpire, whose decision shall be binding on all parties.
Page 286 - And on these grounds I concur in the opinion that the judgment should be reversed and a new trial had, with costs to abide the event.
Page 172 - An agreement, for the occupation of real property in the city of New York, which shall not particularly specify the duration of the occupation, shall be deemed to continue until the first day of May, next after the possession commences under the agreement; and rent thereunder is payable at the usual quarter days, for the payment of rent in that city, unless otherwise expressed in the agreement.
Page 448 - ... conditioned for the payment of any judgment which may be rendered against the property for the enforcement of the lien.
Page 114 - The question was one of fact, and should have been submitted to the jury. It is not material that the workman's blood vessels were weakened by disease, or that he was predisposed to hemorrhage because, for example, he had breathed the dust' of the sacking department for three years.
Page 222 - If the defendant ought to have foreseen that such an accident might happen, or if such an accident could reasonably have been anticipated, the omission to provide against it would be actionable negligence. But the facts rebut any inference of negligence on this ground. The company had the experience of years, certifying to the sufficiency of the guard. That it was possible for a child App.