Hyperlawhypertext legal database McCaffrey v. Foster 133 N.Y.S. 1131

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McCaffrey v. Foster

133 N.Y.S. 1131 Court N.Y. App. Div. English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents
p. 1131
McCAFFREY, Respondent, v. FOSTER et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October, 1911.)

Headnote

Action by Patrick J. McCaffrey against Benjamin E. Poster and another.

Judgment affirmed, with costs.

dissents upon the ground that, in order to entitle the plaintiff to recover, it was a prerequisite that he should procure the certificate of the architect that the building was completed and the full amount due, and the complaint not stating that fact, nor any proof being made in that regard, the plaintiff is not entitled to recover.