E. E. Paul Co. v. Athens Hotel Co. — 216 N.Y. 695

Majority

p. 695

E. E. Paul Company, Respondent and Appellant, v. Athens Hotel Company, Appellant and Respondent, Impleaded with Another.

Headnote

Paul Company v. Athens Hotel Company, 160 App. Div. 873 , modified.

(Argued October 26,1915;

decided November 16, 1915.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 696

entered January 13, 1914, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose a mechanic’s lien. The defense was failure on the part of plaintiff to properly perform its contract.

Alexander Thain and William H. Beam for defendant, appellant and respondent.

Frederick Hulse for plaintiff, respondent and appellant.

Judgment of Appellate Division modified by increasing the amount of same $175.89 interest on three several certificates from the date of the issuance of the same respectively to May 17, 1912, and as thus modified affirmed, with costs to plaintiff; no ppinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan, Cardozo and Pound, JJ.