North Side Hoisting Co. v. Wendover Bronx Co.

Appellate Terms of the Supreme Court of New York

North Side Hoisting Co. v. Wendover Bronx Co.

148 N.Y.S. 260

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 18, 1914

StatusPublished

This text of 148 N.Y.S. 260 (North Side Hoisting Co. v. Wendover Bronx Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

North Side Hoisting Co. v. Wendover Bronx Co., 148 N.Y.S. 260 (N.Y. Ct. App. 1914).

Pincite

Opinion

PER CURIAM.

This action was brought to enforce a mechanics’ lien, which had been bonded. As the notice of lien is not verified, the [261]*261complaint must be dismissed as to the surety, the United States Fidelity & Guaranty Company.

In the absence of proof that at the time of the filing of the notice any sum was due the contractor, under whom plaintiff claims, the only recovery possible is on the agreement of the defendants Wendover Bronx Company and Abraham Silverson “to pay the hoisting bill of not over $250.”

The judgment will therefore be modified, by reducing the same to $250, with appropriate costs in the court below, and dismissing the complaint as against the United States Fidelity & Guaranty Company, and, as so modified, affirmed, without costs of this appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This action was brought to enforce a mechanics’ lien, which had been bonded. As the notice of lien is not verified, the [261]*261complaint must be dismissed as to the surety, the United States Fidelity & Guaranty Company.

In the absence of proof that at the time of the filing of the notice any sum was due the contractor, under whom plaintiff claims, the only recovery possible is on the agreement of the defendants Wendover Bronx Company and Abraham Silverson “to pay the hoisting bill of not over $250.”

The judgment will therefore be modified, by reducing the same to $250, with appropriate costs in the court below, and dismissing the complaint as against the United States Fidelity & Guaranty Company, and, as so modified, affirmed, without costs of this appeal.

Cite This Page — Counsel Stack

Bluebook (online)

148 N.Y.S. 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-side-hoisting-co-v-wendover-bronx-co-nyappterm-1914.