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Bliss v. Village of Baldwinsville

66 N.Y.S. 1127 Court N.Y. Sup. Ct. English

Delivered by HISCOGK, J.

Contents

Majority

p. 1127
BLISS et al., Plaintiffs, v. VILLAGE OF BALDWINSVILLE, Defendant.
(Supreme Court, Special Term, Onondaga County.
May, 1900.)

Headnote

Action by Charles N. Bliss and others against the village of Baldwinsville to foreclose mechanics’ liens.
O. P. Ryan, J. C. Meldram, and E. N. Wilson, for plaintiffs. J. W. Shea, for defendant.

Judgment is ordered for defendant upon the ground that Baldwin & Ostrander completed the building contracted to be built for defendant by Jennie Van Dusen, under an arrangement with said defendant to so complete it for the moneys unpaid on said contract when abandoned by said Van Dusen, and save themselves from liability as her bondsmen; that defendant had the right under such arrangement to pay to said Baldwin & Ostrander the amount not earned under said contract when abandoned as aforesaid, and which moneys plaintiffs seek to reach in this action. McChesney v. City of Syracuse, 75 Hun, 503 , 27 N. Y. Supp. 508 . Judgment for defendant.