Ruslander v. Evangelical Lutheran St. Johannes Gemeinde in Middle Ebenezer

Headnote

Ruslander v. Evangelical Lutheran St. J. O. M. E., 171 App. Div. 975 , affirmed.

Appeal from a judgment of the Appellate Division of- the Supreme Court in the fourth judicial department, entered April 25, 1916, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the Erie County Court on trial without a jury. The plaintiff commenced this action for the purpose of foreclosing a mechanic’s hen against the defendant’s church assigned to the plaintiff by one Alexander M. Bellony, an architect and contractor. The principal issues upon appeal were: First, whether Bellony performed the contract between him and the defendant, or violated it in important particulars and failed to' complete the church; and second, whether the plaintiff was an attorney at law and bought the lien unlawfully, with the intent and for the purpose of bringing an action thereon. The trial court found that plaintiff was not entitled to a lien,

but directed a money judgment in his favor, which the Appellate Division modified by disallowing interest.