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Armstrong v. Borden's Condensed Milk Co.

174 N.Y. 510 Court N.Y. Decision date 1903-03-06 English

Delivered by O’Brien, J.

Contents

Majority

p. 510
James Armstrong, Respondent, v. Borden’s Condensed Milk Company et al., Respondents, and Otto E. Reimer Company, Appellant.

Headnote

Armstrong v. Borden's Condensed, Milk Co., 65 App. Div. 503 , reversed.
(Argued February 23, 1903;
decided March 6, 1903.)
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 20, 1901, affirming a judgment of Special Term in an action to foreclose certain mechanics’ liens.
John T. Sachett for appellant.
Henry Re Forest Baldwin and Herbert O. Lalcin for respondents.

This case involves the same question as the case of Kane Company v. Kinney, which we have just decided. ( 174 N. Y. 69 .) The two cases were argued

p. 511
together and are governed by the same legal principles. On the authority of that case the judgment of the Appellate Division must be reversed and a new trial granted, with costs to the appellant to abide the event.

Paekeb, Oh. J., Babtlett, Mabtin, Yann, Cullen and Webneb, JJ., concur.

Judgment reversed, etc.

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