J. A. Mahlstedt Lumber & Coal Co. v. K. T. K. Holding Corp.

Appellate Division of the Supreme Court of New York

J. A. Mahlstedt Lumber & Coal Co. v. K. T. K. Holding Corp.

239 A.D. 785

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 15, 1933

StatusPublished

This text of 239 A.D. 785 (J. A. Mahlstedt Lumber & Coal Co. v. K. T. K. Holding Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. A. Mahlstedt Lumber & Coal Co. v. K. T. K. Holding Corp., 239 A.D. 785 (N.Y. Ct. App. 1933).

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Opinion

Judgment in so far as appealed from reversed on the law and the facts, with costs, and judgment directed for the plaintiff as demanded in the complaint for the amount of $16,444.79, with interest from the 15th day of August, 1929, with costs. Appeal by defendant K. T. K. Holding Corporation from the order denying its motion for costs and extra allowance dismissed, without costs. The findings that the subcontractor, Pinto & La Sala, Inc., was overpaid at the time plaintiffs lien was filed are not supported by the evidence. Such findings and the corresponding conclusions of law are reversed and new findings and appropriate conclusions of law will be made. Upon the evidence defendant K. T. K. Holding Corporation was indebted to the subcontractor, Pinto & La Sala, Inc., in excess of the amount of plaintiffs lien and the plaintiff is entitled to judgment as demanded in the complaint. Young, Kapper, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Judgment in so far as appealed from reversed on the law and the facts, with costs, and judgment directed for the plaintiff as demanded in the complaint for the amount of $16,444.79, with interest from the 15th day of August, 1929, with costs. Appeal by defendant K. T. K. Holding Corporation from the order denying its motion for costs and extra allowance dismissed, without costs. The findings that the subcontractor, Pinto & La Sala, Inc., was overpaid at the time plaintiffs lien was filed are not supported by the evidence. Such findings and the corresponding conclusions of law are reversed and new findings and appropriate conclusions of law will be made. Upon the evidence defendant K. T. K. Holding Corporation was indebted to the subcontractor, Pinto & La Sala, Inc., in excess of the amount of plaintiffs lien and the plaintiff is entitled to judgment as demanded in the complaint. Young, Kapper, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

239 A.D. 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-a-mahlstedt-lumber-coal-co-v-k-t-k-holding-corp-nyappdiv-1933.